j}: ROYAL COMMISSION ON HOUSING IN SCOTLAND.
REPORT
OF THE
ROYAL COMMISSION
ON THE
HOUSING OF THE INDUSTRIAL
POPULATION OF SCOTLAND
RURAL AND URBAN
presented to jparliamcnt b^ (Tommanb of Ibie flDaieet^.
EDINBURGH:
PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE.
To be purchased through any Bookseller or directly from
H.M. STATIONERY OFFICE at the following addresses:
23 Forth Street, Edinburgh ;
Imperial House, Kingsway, London, W.C. 2, and 28 Abingdon Street, London, S.W. 1
37 Peter Street, Manchester ; 1 St Andrew's Crescent, Cardiff ;
or from E. PONSONBY, Ltd., 116 Grafton Street, Dublin;
or from the Agencies in the British Colonies and Dependencies,
the United States of America and other Foreign Countries of
T. FISHER UNWIN, Ltd., London, W.C. 2.
[Cd. 8731.]
1917.
Price Four Shillings Net,
3^
/
3
\M .-^K^
MEMBERS OF THE ROYAL COMMISSION.
Sir henry BALLANTYNE, Knight, Chairman.
SIMON JOSEPH ERASER, Baron LOVAT, K.T., C.B., K.C.V.O., C.D.S.O.
GEORGE FREELAND BARBOUR.
Rev. JAMES BARR, B.D.
CHARLES CARLO W.
•JOSEPH FORBES DUNCAN.
DAVID GILMOUR.
JOHN MILNE HENDERSON.
WILLIAM LESLIE MACKENZIE, M.D., Medical Member of the Local
Government Board for Scotland.
JONATHAN MIDDLETON.
Sir WILLIAM YOUNGER, Baronet.
Mrs GEORGE KERR.
Wt. —3000— 10/17.— N. & Co., Lta. Gp. 1.
TABLE OF CONTENTS.
Members of tte Royal Commission
Royal Warrant .
PAaE
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REPORT.
Introductory
Origin of Commission
CHAPTER I.
Proceduke adopted by the Commission
Preliminary . . . . .
Number of sittings beld . . . .
Number of witnesses examined .
Visits of inspection . . . .
Special return obtained from Local Authorities
Special investigation . . . .
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CHAPTER II.
Outline of Housing Problem and Statement of Method of Treatment
Instances of bad housing conditions
(1) Congested areas of Glasgow
(2) A mining district
(3) Lewis and the Outer Islands
CHAPTER III.
Estimate op Shortage of Houses— showing Statistically the Extent of the
Housing Problem
Tabulated statement, showing the present shortage of houses in Scotland (Table I.)
Shortage of houses as estimated from the amount of overcrowding disclosed by the Census
for 1911 (Table II.)
Shortage due to overcrowding
Shortage due to irreparable uninhabitability
Shortage in agricultural areas
Estimated shortage on existing standard
Estimated additional shortage on improved standard
Total estimated shortage
Distribution of shortage . . . . ,
Unoccupied houses ....
Note of existing housing conditions
Summary of recommendation and suggestion .
CHAPTER IV.
Statement of Existing Authorities
(a) Central Authorities ......
Local Government Board ....
Board of Agriculture for Scotland and Scottish Land Court
Public Works Loan Board ....
{b) Local Authorities ......
In counties ......
In burghs ......
(c) Officials of Local Authorities
In counties ......
In county districts and in burghs
In burghs ......
Medical officers and sanitary inspectors
Burgh surveyors, burgh engineers, masters of works, town-planning engineers
Summary of recommendations and suggestions ....
Returns
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ROYAL COMMISSION ON HOUSING IN SCOTLAND.
CHAPTER V.
Summary of the Existing Statutory Powers in regard to Housing
Introductory .....••
(1) Control of erection and of method of construction of houses
(o) Erection of houses in counties
Building byelaws
Erection of houses on made-up ground
Control of sites of houses
Defects of byelaws
Power to revoke byelaws
(6) Erection of houses in burghs
Approval of plans before building commenced
Building byelaws
Site of houses ....
Structure and materials
Cubic space in houses .
Height of houses
Height of rooms in houses
Lighting and ventilation of houses
Lighting and ventilation of rooms in houses
Ventilation of bed-recesses
(2) Control of provision of water-supply
(a) Provision of a general supply in counties .
Special water-supply districts .
(6) Provision of a general supply in bxirghs
(c) Provision of a water-supply to individual houses in counties
(d) Provision of a water-supply to individual houses in burghs
(3) Control of provision of drainage
(a) Provision of a general scheme in counties .
Special drainage districts
(6) Provision of a general scheme in burghs
(c) Provision of drainage to individual houses in counties
(d) Provision of drainage to individual houses in burghs
(4) Control of provision of sanitary and domestic conveniences
(a) Water-closets, earth-closets, and privies
In county districts
In burghs
(6) Ashpits ....
In counties
In burghs
(c) Sculleries, washhouses, baths, larders, coalsheds
(5) Control of provision for scavenging and removal of refuse
(a) In counties — special scavenging districts
(6) In burghs ....
(6) Control of occupancy of houses
(a) Overcrowding of houses
Census standards of overcrowding
Provisions in Public Health Act
Provisions in Burgh Police Act, 1903 — ticketed houses
Overcrowding in special types of houses
(6) Houses kept in dirty condition
Provisions in Public Health Act
Provisions in Burgh Police Act
(c) Cleanliness, etc., of sanitary conveniences, common stairs, etc.
Water-closets, etc.
Common stairs, etc.
(7) Control of construction and repair of private streets and footpaths, private courts, etc.
(a) In burghs ......
Formation of new streets
-Repair of private streets . . .
Provision of foot-pavements
Width of streets ....
Byelaws regulating construction of streets
(&) In counties . . . . j.
Street as a nuisance ....
Repair of private streets
Paving of private courts
(8) Control of defective and insanitary houses
(a) Inspection of houses ....
(6) Removal of defects disclosed by inspection of houses
Procedure under the Public Health Act
Closing Orders under Housing Acts
Closing Orders under local Acts
Demolition Orders under Housing Acts
Demolition Orders under local Acts
Special power in Housing Acts — keeping of houses m repair
CONTENTS.
Special provision in Burgh Police Act, 1892 — repair of common stairs
Special provisons in Burgh Police Act, 1892, as to ruinous houses
(9) Control of special classes of houses
(a) Common lodging-houses ....
(b) Houses let in lodgings ....
(c) Farmed-out houses .....
(d) Tents, vans, and sheds ....
(e) Underground dwellings ....
(/) Back-to-back houses ....
(g) Obstructive buildings ....
(10) Control of unhealthy and insanitary areas
(a) Improvement schemes ....
Representation by Medical Officer of Health .
Procedure of Local Authority .
Provisions of scheme ....
Confirmation of scheme by Local Government Board
Execution of scheme ....
(6) Reconstruction schemes ....
(11) Provision of houses for the working classes
(a) Rehousing obligations of Local Authorities, companies, etc
(b) Provision of houses by Local Authorities .
Nature of houses that may be provided
Power to provide houses formerly an adoptive one
Power now available without adoption
Power to acquire land, erect, and fit up houses, etc
Power to provide shops, recreation grounds, etc., in connection with houses
General management of houses — byelaws may be made
Local Authority may sell houses
Power of County Councils to provide houses for constables and roadmen
(c) Provision of houses by companies, societies, etc. .
Powers of borrowing .....
Assistance to building societies
Provision of houses under trusts
(d) Provision of houses by or through Government Departments
(e) Provision of houses under the Small Dwellings Acquisition Act, 1899
(/) Provision of houses under the Improvement of Land Acts
Land improvement companies
Powers of Board of Agriculture
(12) Town planning ....
(a) Nature of land to be town planned
(b) Authority to prepare a scheme
(c) Preparation and contents of scheme
(d) Approval of Local Government Board to scheme
(e) Power of Local Government Board to compel preparation and execution of scheme
(13) Acquisition of land, including compensation for land acquired
(a) Under the Lands Clauses Acts
Origin and object of Lands Clauses Acts
Method of determining compensation .
Allocation of expenses of arbitration .
(b) Under the Public Health (Scotland) Act, 1897
Procedure for compulsory acquisition of land
Determination of disputed compensation
(c) Under the Burgh Police (Scotland) Acts
Procedure for compulsory acquisition of land
Determination of disputed compensation'
{d) Under the Housing and Town Planning Acts
(e) Improvement schemes
Appointment of arbiter
Assessment of compensation
Appeal against arbiter's award
Costs of arbitration
(/) Reconstruction schemes
Assessment of compensation
No appeal against arbiter's award
Costs of Arbitration
{g) Removal of obstructive buildings .
Assessment of compensation
(/j) Provision by Local Authorities of houses for the working classes
Order by Local Government Board authorising acquisition of land
Assessment of compensation .
Costs of Arbitration
(i) Town planning
Special provisions as to compensation
(14) Powers of assessment and borrowing .
(a) Assessment ....
General administrative expenses (including expenses of carrying out housing
schemes) ......
Expenses connected with water and drainage schemes
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ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Expenses connected with lighting and scavenging
Expenses under the Small Dwellings Acquisition Act, 1899
(b) Borrowing ......
Under the Housing Acts
Under the Public Health and Burgh Police Acts
Under the Small Dwellings Acquisition Act .
Procedure as regards borrowing
CHAPTER VL
Housing Problems in the Cities and Urban Areas
Introductory survey ........
Order of treatment ........
Continuity of the Scots' housing problem — diihculty of formulating exact division
smaller burghs, and rural areas . . '. . . •
The real lines of distinction ......
General external survey of a typical Scots town ....
between cities.
CHAPTER VII.
Housing in the Scottish Burghs
Structure of houses . . .
Solidity of Scottish building
Average size of rooms ....
Representative types of workmen's houses in burghs
(i) Cottages ....
One-room cottage .
Old " weaving " properties
Two-room cottages
(ii) Two-storey or two-storey and attic buildings
Double-flatted and two-storey cottages
(iii) Tenements . .
(a) Subdivided houses and tenements
(h) " Deliberately erected " tenements
Underground dwellings
Box-beds and bed-recesses
Disrepair in houses
(c) Balcony tenements
(d) Improved tenements
Summary of recommendations and suggestions
CHAPTER VIII.
Merits and Demerits of the Tenement System.
(a) Solidity of construction . . . .
(b) Warmth, light, and ventilation
(c) Number of possible apartments
(d) Nearness to work (tenement) compared with quieter and
(cottage) .....
(e) Disadvantage of the tenement for the housewife, children,
(/) Convenience of having all rooms on one level
{g) Additional sense of security ....
(h) Common stairs and conveniences
(i) Difficulty in controlling jointly-owned tenements
(j) Relatively low death-rate in good tenement property
(k) Comparative building — and development — costs
(l) The type of house preferred by Scots tenants .
(m) The extent of the restrictions desirable in the future .
Summary of recommendations and suggestions
more i
nd old
,iry surroundings with
people
garden
CHAPTER IX.
Sanitary Appliances and Conveniences in the Burghs
(A) Certain extreme instances of the lack of conveniences or their bad condition
(1) Hamilton
(2) Lerwick (older houses in burgh)
(3) Dunfermline
Insufficient sanitary accommodation
{B) Improvements recently effected
( C) Summary of the position relative to sanitary appliances and conveniences reached in representa-
tive burghs .....'......
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CONTENTS.
Vll
Aberdeen
Dundee
Edinburgh
Glasgow
Table giving information from certain representative burghs
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CHAPTER X.
Occupancy of Houses . . . . .80
Landlord's obligations . . . . . . . . . . . 80
House to be reasonably fit for occupation ........ 80
House or appurtenances not to be dangerous or injurious to health . . . .80
Certain types of underground dwellings not to be let as a house . . . . .81
Provision for whitewashing, cleansing, or purifying filthy or unwholesome house, bedding, or
clothing ........... 81
Burghs . . . . . ... . . . . .81
Whitewashing common stairs, passages, etc. . . . . . . .81
Tenant's obligations . . . . . . ■ . . . . .81
Overcrowding ........... 81
Provision for whitewashing, cleansing, or purifying filthy or unwholesome house, bedding, or
clothing ........... 81
Burghs ............ 81
Sweeping and washing of common stairs, landings, and passages . . . . .82
Cleaning and care of water-closets, etc. ........ 82
Burghs ............ 82
Cleaning of courts, yards, areas, and roofs of outbuildings . . . . .82
Burghs . . . . . . '. . . . . .82
Certain type of underground dwelling not to be used as sleeping place . . . .82
Obligation to vacate house ordered to be closed ....... 82
Subject of occupancy, namely, the house ........ 82
Difficulties of interpretation of the statutory provisions, and diversity of opinion as to what standards
Parliament has laid down ......... 83
Overcrowding of houses ........... 85
Standard of cleanliness ........... 86
Dirty and destructive tenants . . . . . . . . . .87
Sweeping and washing of common stairs, landings, passages, water-closets, etc. . . 89
Summary of recommendations and suggestions. ....... 89
CHAPTER XI.
The One-Room House
Life in one room ....
Special illustrations of general inadequacy
Inadequacy for housing of sick persons ; illustrated by pulmonary tuberculosis
Special illustration from tuberculosis
Tuberculosis death-rate higher in one-room house
One-room house as causative factor in tuberculosis
Higher general death-rate in one-room house
Correction of death-rates for age and sex
Higher infantile death-rate in one-room house
Unsuitability of one-room house for children
Higher death-rate from special diseases .
Inferences from excessive proportion of children in one-room house
Increased overcrowding of Glasgow one-room houses .
Floating nature of one-room population
Conclusions from disease-rates and death-rates .
One-room house as marginal product of industrial development
On the demand for the one-room house ....
Alleged want of desire for better housing ....
The one-room house as a causative factor in tuberculosis
Other death-rates and disease-rates ....
Family decency .......
Nature of the demand for the one-room house ...
Mortuary accommodation .....
Conclusion .......
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CHAPTER XII.
OVEECROWDINQ
Introductory
Site overcrowding
Overcrowding in houses
Edinburgh
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Glasgow
Dundee . . .
Aberdeen
Paisley, Leith, and Greenock
Instances of overcrowding in other towns
Wishaw
Dumfries
Wick .
Hamilton
Inverness burgh
Influence of overcrowding on health
Ticketing of houses
Statutory provisions as to ticketing
Origin and practice of ticketing
Effects of ticketing .
General control of overcrowding
Summary of recommendations and suggestions
CHAPTER XIII.
Common Lodging-Houses, Houses Let in Lodgings, and Farmed-out Houses
(1) Common lodging-houses
Necessity for common lodging-houses
(2) Houses let in lodgings
(3) Farmed-out houses .
Number of farmed-out houses .
Occupations and character of occupants
Sanitary condition and cleanliness
Charges or rents
Immorality in farmed-out houses
Necessity for farmed-out houses
Necessity for further legislation
Summary of recommendations and suggestions
(a) Common lodging-houses
(6) Houses let in lodgings .
(c) Farmed-out houses
CHAPTER XIV.
Miners' Housing in Scotland
(1) Historical introduction
Special importance of the problem
Historical development
(2) Chief mining counties of Scotland .
The mining population .
Burghal and landward distribution of mining population
Certain common features
(3) Sites and plans of colliery villages .
Determining conditions
(4) Other defects of site and arrangement
(5) Improvement of design and maintenance
(6) Gardens in mining villages . , .
(7) Roads and footpaths
(8) Powers regarding roads and footpaths
(9) Lighting of mining villages .
(10) Ashpits ....
(11) The question of pit-head baths
(12) Demand for baths in miners' houses
(13) Facilities for washing and clothes drying
(14) General sanitation .
(15) Sanitary improvement and retarding causes — -Mid-Lanark
(16) Sanitary improvement and retarding causes — Ayrshire
(17) Use of modern sanitary appliances and suggested minimum standard
(18) Size of houses
(19) Accommodation in new houses
(20) Description of houses
(21) Defective houses
(22) Specific defects — -damp
(23) Defective floors
(24) Defective windows .
(25) Improved modern houses .
(26) How far larger houses are appreciated
(27) Historical cause of low rents
(28) Instances of rentals in colliery districts
(29) Proportion of wages paid in rent .
CONTENTS.
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(30) Willingness to pay a higher rent for better accommodation
(31) Increased rents for improvements in old houses
Return on houses owned by Colliery Companies
Return on old houses
Overcrowding in mining communities
Counties
Typical agricultural counties .
Burghs ....
Particular instances of overcrowding
The question of subletting .
(32)
(33)
(34)
(35)
(36)
(37) Lodgers in mining villages
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
later
in Paragraph 924
Responsibility of the Colliery Companies for overcrowding
Proportion of houses owned by employers
The question of houses provided by the employers
Tenure of companies' houses
The prospective exhaustion of coal-mines in its bearing on housing
The question of termination of colliery lease
Difficulties at the start of new mines, and question of temporary
Occupying ownership among miners — Leadhills and Larkhall
Occupying ownership among miners — other- districts
(47) Summary of subjects on which recommendations are made in
(48) Damage caused by subsidence
(49) Suggestions regarding subsidence .
Prevention .....
Compensation for damage through subsidence
Summary of recommendations and suggestions .
Notes of conditions found by Commission at visits referred to
County of Fife (visited 24th April 1913) .
Coaltown, Wemyss ....
MethilhiU
Adams Terrace .....
Townhill (Dunfermline)
County of Lanark (visited 10th to 13th March 1914)
Rosehall Colliery Rows, Whiffiet
Calderbank Square
Thorneywood Rows
Craighead Rows
Merry's Rows .
Holytown, Baird Square
West Benhar Rows
County of Ayr (visited 17th and 18th March 1914)
Drongan Rows (Old Taig Burn)
Connel Park ....
Mossblown ....
New Row ....
Common Loch Row
County of Linlithgow (visited 8th April 1914)
Armadale — -Russell's Row
Bents — -United Colliery West Lothian Housing Company
Stoneyburn
County of Stirling (visited 9th April 1914)
Laurieston — Redding Square .
California Rows
Standburn Rows
Carron View Terrace
liousing
chapti
ers
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CHAPTER XV.
Rural Housing
Peculiar position of the farm-workers ....
Current system of farm housing ....
Types of houses . . . . . . .
Site and position ......
Size of houses . ; ' .
Structure of houses ......
Interior : finishings and fittings .....
General defects .......
(a) Dampness ......
(b) Deficient lighting, ventilation, and badly constructed chimneys
(c) Neglect of maintenance .....
General absence of sanitary accommodation and conveniences
Sculleries ........
Washhouses .......
Closet accommodation ......
Baths . . . . . .
Coal-houses and storage .,,,.,
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Water-supply
Drainage ....
Standards of habitability
Overcrowding
Ownership of houses ; the " tied house
Farm steading versus farm cottage
Effect of the system of engagement
Farm-servants' difficulty in securing repairs
Effect of migration on housing
Inspection
Gardens .
Pig-keeping
Housing of single men
(a) The kitchen system
(b) The bothy system
(c) The double-hinding system
Housing of women farm-workers
Shortage . . . .
Rural depopulation
Causes of present conditions of housing
Proposals for improvement
Public health staffs
Responsibility of landlord
Finanical considerations
Housing of single men
Bothies
The kitchen system
Other rural workers
Rural postmen
Railwaymen
Local Authority employees .
Observations upon Minority proposals
Summary of recommendations and suggestions
divided responsibility for repairs
CHAPTER XVI.
Housing Conditions in Fishing Communities
Introductory ........
(A) Housing conditions in fishing communities in the south of Scotland
{B) Housing conditions in fishing communities in Aberdeenshire and neighbouring counties
(a) Stonehaven and Aberdeen ....
(b) Aberdeenshire villages ....
Typical fishing centres in Banffshire
Findochty ......
Gardenstown ......
General ......
(C) Housing conditions in fishing villages in the north of Scotland
(a) Avoch and Hilton (Ross-shire)
(b) Cromarty . . ....
(c) Embo, Golspie, Brora, and Helmsdale (Sutherlandshire)
{d) Lower Brora (Sutherlandshire)
(e) Lerwick — Garthspool ....
(/) Mallaig, Inverness-shire ....
Permanence of fishing centres .....
Temporary housing ......
Summary of recommendations and suggestions
CHAPTER XVII.
Housing op Migratory and Seasonal Workers
Introduction
(a) Housing of navvies .
Description of accommodation provided
Supervision of huts
Description of hut village at Rosyth
Construction of buildings
Model lodging-house
Sanitary arrangements
Lighting .
Conditions of tenancy
Cost of habitation
Village social council
Medical .
Special statutory powers of control
Recommendations
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(6) Housing of potato-diggers
Description of accommodation .
Beds and bedding
Arrangements for washing
Arrangements for cooking and for drying wet clothes
Suitability of existing accommodation
Separation of the sexes .
Sanitary arrangements .
General habits of the diggers
Recommendations
Responsibility for housing
General ....
Local Authority to frame byelaws
(c) Housing of berry-pickers
Wages and length of day
Description of accommodation .
Conditions in Lanarkshire
(a) Nature of accommodation
(b) Separation of the sexes
(c) Responsibility for cleanliness
(d) Number of workers
Conditions in Perthshire
(a) Number of workers
(b) Nature of accommodation for casual workers
(c) Nature of accommodation provided at farms
(d) Special accommodation at West Essendy
Rating difficulties in Perthshire
Recommendations
(d) Housing of herring-gutters .
Places where workers employed
Number of workers
Description of accommodation .
Water-supply . .
Sanitary accommodation
Recommendations
(a) Control by officers of Local Authority
(h) Supervision by officers of Local Government Board
(c) Local Authority to frame byelaws
{d) Provision of water-supply
(e) Removal of trade refuse
(/) Provision of recreation huts
(e) Housing of tinkers and vagrants
Summary of recommendations and suggestions
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CHAPTER XVIIL
Housing in the Crofter Districts . . . .
I. Practically the whole of Argyll (except Tiree), the Island of Arran, the mainland part of Inver-
ness-shire (except the western parishes of the district of Lochaber), and the eastern
part of Ross-shire ..........
II. The west coast of Inverness-shire (mainland), the island- of Skye, the south-western and western
districts of Ross-shire, and the parish of Lochbroom ; the west and north coast of
Sutherland (on the east coast the inhabitants mainly living in fishing villages), Caithness^
Orkney, and Shetland
(a) West coast of Inverness-shire (Lochaber district), Isle of Skye, and west coast of Ross
shire
Island of Skye
(h)
(c)
(rf)
(e)
if)
(9)
West coast of Ross-shire
Sutherland .
Caithness
Orkney
Shetland
Summary of conditions in crofting area classified above No. II
III. The Outer Hebrides — Lewis, Harris, North and South Uist and Barra, and Tiree
(a) Tiree ....
(6) North Uist, South Uist, Barra, Eriskay
North Uist
South Uist and Barra .
Eriskay
Barra ....
(c) Harris ....
(d) Lewis ....
Conditions of community
Scarcity of houses
Defective houses
Subdivision of crofts (unauthorised)
Cottars and Squatters
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ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Occupations
Proposals for relief of congestion
Difficulties in the way of relief of congest]
Summary of the position in Outer Hebrides
Water-supplies
Inverness
Argyll
Ross and Cromarty
Sutherland
Caithness
Orkney
Shetland
Outer Hebrides
Skye .
Lewis .
Conclusions from survey of housing and other relevant conditions in crofting areas .
General conditions of house-building in crofting districts ....
Financial assistance from public funds for housing in crofting districts
The relation of the Local Government Board, Board of Agriculture, Public Health,
Authorities .........
General character and resources ob Local Authorities under the Public Health Acts in
districts .........
Water-supplies
Rating anomalies .........
Subdivision of crofter holdings in Lewis and other parishes in the Outer Hebrides
Who is owner of a crofter's house for public health and housing purposes ?
Powers of Scottish Land Court .......
Reasons against " ad hoc " Board .......
Summary of recommendations and suggestions ......
and
Local
crofting
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CHAPTER XIX.
Land in Relation to Housing
Preliminary
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CHAPTER XX.
Land Tenure and Titles
Ward-holding
Soccage .
Mortmain or mortification
Feu-holding
Blench-holding
Burgage .
Booking .
Allodial lands
Long leases
Modern titles
(1) Feu-duty
(2) Casualties of superiority
(3) Fixed payments in lieu of casualties
Feudal Casualties (Scotland) Act, 1914
Results on housing conditions
Local burdens and feuing conditions
Building restrictions
How ground may be acquired
Purchase and feu
Leasehold tenure
Tenancy at will .
Right to take land
Summary of recommendation and suggestion
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CHAPTER XXI.
Building Conditions and Restrictions in Feu-Charters
Summary of recommendations and suggestions ....
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CHAPTER XXII,
The Cost of Land and Feuing Rates
Feu-duties in towns and cities ......
Sixty-eight Scottish burghs with a population under 5000
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CONTENTS.
Xlll
Lochmaben . . . . • •
Exceptions in the list of sixty-eight small burghs
Eighteen burghs between 5000 and 10,000 .
• Twenty burghs between 10,000 and 25,000
Port- Glasgow ....
Dumbarton ....
Galashiels ....
Irvine .....
Nine burghs between 25,000 and 50,000 .
Clydebank ....
Motherwell ....
The seven large cities . . .
Greenock
Leith .
Paisley .
Aberdeen
Dundee
Edinburgh
Glasgow
Conclusions from the evidence given in regard to price of land and feuing rates
Sixty-eight Scottish burghs with a population under 5000
Eighteen Scottish burghs with populations from 5000 to 10,000 .
Twenty Scottish burghs with populations between 10,000 and 25,000
Nine Scottish burghs between 25,000 and 50,000 .
The seven large cities ......
Net return on land feued ....••
Effect of cost of ground upon occupiers of working-class houses
45 St James's Eoad, Glasgow
130 Saltmarket, Glasgow ......
Building density and its effects .
PlUE
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CHAPTER XXIII.
Leasehold Tenure, Including Tenancy at Will
Tenancy at will .......
Tenure in Banffshire ......
Tenure in Ross-shire .
Avoch and Hilton ......
Tenure in Sutherlandshire — Embo, Golspie, Brora, and Helmsdale
Summary of recommendation and suggestion .
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CHAPTER XXIV.
AcQxnsiTiON OF Land . . . . .
General summary of statutory provisions in regard to acquisition of land and arbitration proceedings
Ascertainment of amount of compensation
Betterment .......
Costs of arbitration .....
Evidence as to amount of compensation and costs of arbitration
(1) City improvements ....
Street widenings ....
(a) Case of a villa dwelling-house taken for street widening
(6) Cases of business premises taken for street widening and improvement
(c) Case of front plots taken from front streets for widening of tramways
(d) Cases of acquisition of grass plots in front of houses
(e) Miscellaneous properties acquired for street widening
(/) Public-house case .....
Sewers . . . . . •
(2) Improvement and reconstruction schemes — Edinburgh .
Greenock .......
Glasgow ......
(3) Land acquired for sites for gasworks, drainage schemes
catchment areas, etc. ....
Drainage schemes .....
(a) Drainage works, Uddingston
(b) Newton and Flemington drainage .
Water undertakings .....
(a) Shotts Service Reservoir . # ■
(6) The Loch Arklet case
Gasworks ......
Schools ......
Observations and suggestions by witnesses ....
Recommendations as to the appointment and powers of arbiters, and certain powers of Local
Authorities .......
Single arbiter v. Land Court .....
refuse destructors
water
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ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Basis of compensation .......
Evidence as to the means by which the cheapening of land may be effected
Restriction of number of houses ....
Cheap and rapid transit .....
Buying by Local Authorities in advance
Slum clearances ......
Proposals to establish prima facie evidence of the value of land
Recommendations as to basis of compensation .
Summary of recommendations and suggestions
CHAPTER XXV.
Building Societies
Classification of building societies
(a) Small building societies .
(6) Larger building societies
Hawick
Dumbarton
Falkirk
Grangemouth
Edinburgh .
Finance of building societies
Dividends
Discussion of difficulties
(1) The limitation of individual holding to £200
(2) Difficulty in members disposing of houses
(3) Difficulty in obtaining capital ; rise in the rate of interest, and period of repayment
of loans .
(4) Price of land
(5) Deceased members' holdings
(6) Legal expenses
(7) Stamp duties on conveyances of properties and estate duties on
and loans in building societies at death of member
Co-operative associations
Edinburgh ....
Perth ....
Innerleithen ....
Selkirk . . . ' .
Summary of recommendations and suggestions
transmission of shares
CHAPTER XXVL
Public Utility and Copartnership Societies
1. Introductory ...
2. Origin and extent of the movement
3. Function of a central society
4. Aim of the movement
%. Method of working — general
6. Tenants' contribution to capital
7. Tenants and repairs
8. General results
9. Rentals of houses and class of tenant provided for
10. Hereford
11. Scottish experiments
12. Glasgow garden suburb, Westerton
13. Finance
14. Amount of loans from Government
15. Period of repayment
16. Views of Public Works Loan Commissioners
17. Copartnership housing — constructive suggestions
18. Central society and its relation to Local Authorities
19. Local Authorities and copartnership movement
20. Proposals in regard to loans
Local Authority loans .
Period for repayment of loans from Local Authorities
Class of society to which Local Authority loans may be granted
Summary of recommendations and suggestions ....
CHAPTER XXVII.
Town Planning and Transit
Present position of town-planning schemes
Town planning in relation to burghal extension
Contents or provisions of a town-planning scheme
Transit and construction of main arterial or traffic roads
CONTENTS.
XV
Town planning in built-up areas
Rehousing of the dispossessed
Acquisition of land
Compensation to owners .
Compulsory town planning
Amendments to the Town Planning Act
Procedure regulations
Procedure anterior to and for the purpose of an application for authority to prepare a scheme
Procedure during and after the preparation of a scheme and after the approval of a scheme
Need for a strong Central Authority ........
Summary of recommendations and suggestions .......
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CHAPTER XXVIII.
Powers of Public Works Loan Commissioners . . .
Definition of working classes ..........
Control of house rents ...........
Administrative financial control .........
Local Government Board to advise Public Works Loan Board as to loans and Treasury as to grants
Summary of recommendations and suggestions ........
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CHAPTER XXIX.
Housing Policy
Introductory .....
Overcrowding .....
Shortage of houses ....
Condition of houses ....
Responsibility for provision of houses .
Finance of housing schemes after the war
Inability of private enterprise to provide houses for the working clasBes
Objection to subsidising private enterprise
Cessation of house-building
Excessive cost of land ....
Rate of interest .....
Advance in the cost of building material and wages
Rates ......
Finance (1909-10) Act, 1910
Lumsden judgment ....
Estate and succession duties
Small Landholders (Scotland) Act, 1911
Legal and registration expenses .
(a) Legal expenses ....
(b) Registration expenses
Objections to housing by Local Authorities
Public Authority building as a deterrent to private enterprise
Supervision of rents of Local Authorities' houses
Alleged extravagance of municipal building
Conclusions re general housing policy
Summary of recommendations and suggestions .
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CHAPTER XXX.
Housing Policy {continued)
Minor reforms and details of administration
Housing survey
House accommodation .
One- and two-room houses
Measure of uninhabitability
Water survey
Drainage and water
Occupying ownership
The poor owner of several houses
Small Dwellings Acquisition Act, 1899
Tenants of Local Authorities' houses to have facilities for acquiring their houses
Housing of workers with low wages or under other disability to pay an adequate rent
Slum clearances ..........
Provision of suitable houses for persons suffering from tuberculosis
Power to Local Authorities to accept donations from employers of labour towards housing schemes
Power to Local Authority to feu land for shops, schools, churches, halls, etc.
Management ........
Construction of houses and lay-out of sites ....
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ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Type of houses] ....
Rules for tenement construction
Structure of houses . ' .
Lay-out of sites ....
Assessment of sewerage and sewage purification works
Improvement and reconstruction schemes
Site of houses demolished under Demolition Order
Income tax on Local Authority houses .
Local Acts .....
Travelling expenses of members of Local Authorities
Grants to Local Authorities for public health purposes
Summary of recommendations and suggestions .
PAOB
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CHAPTER XXXI.
Housing Policy {continued)
Further minor reforms ......
Demolition of houses unfit for human habitation
Repair and reconstruction of tenement property
Minor repairs , .
Reconstruction of subdivided houses or tenements
Initiative by the officers of a Local Authority towards reconstruction
Valuation and adjiistment in respect of extinction or interference with
a tenement owned in common ....
Summary of recommendations and suggestions ....
individual holdings in
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CHAPTER XXXII.
Housing Policy (continued)
Further minor reforms ....
I. Nature of Appeal Authority .
(1) Under the Housing Acts
Improvement schemes
Reconstruction schemes
Obstructive buildings
Closing and Demolition Orders
Housing schemes .
Town-planning schemes
(2) Under the Public Health Acts and Burgh Police Acts
Evidence against Local Government Board as an appeal Authority
Evidence in support of Local Government Board as an Appeal Authority
Advantages of Local Government Board as the Appeal Authority
Extent of Board's powers as an Appeal Authority
II. Water-supply ........
Further powers for introduction of water into houses in county areas
Supply of water to houses in Special .W%,ter L^istricts
Supply of water to houses outwith Special Water Districts
Length of notice requiring water-supply to be provided
Appeal against requirements of Local Authorities .
Introduction of water-supply to houses in burghs
Water-supplies for colliery villages ....
III. Drainage . . . . . . . .
Obligation of Local Authorities to bring sewers near houses
Discharge of trade effluents into sewers ....
I Provision of water-closets or earth-closets
Obligation to require provision of water-closets in burghs .
Provision of water-closets to houses in Special Drainage Districts in counties
Provision of water-closets to houses outwith Special Drainage Districts
Extent to which common water-closets should be allowed
Provision of sanitary conveniences for new houses .
Appeal against requirements of Local Authorities
IV. Provision of sculleries (including washing accommodation),
larders or food stores, presses, and baths
Sculleries and washhouses
Storage of coals .
Larders and presses
Baths
V. Building byelaws
In counties
Adoption of byelaws to be obligatory
Approval of plans
Approval of sites
Approval of lay-out .
Regulation of structure
Admission of light, height of rooms, cubic space, structure of floors, etc.
coal-storage accommodation
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CONTENTS.
xvii
IX.
X.
Certification for occupancy .....
Retention of plans ......
Applications of byelaws to alterations . .
Summary of recommendations ....
In burghs . . . . . . .
Conversion of building into dwelling-house
Necessity for fresh warrant to build
Height of houses ......
Height of ceilings ......
Structure of party walls and of walls surrounding chimneys
(a) Making up of sites .....
(b) Use of wall-paper .....
Submission of plans to health ofiicers
Approval of sites ......
, Approval of lay-out ......
Use of box-rooms as sleeping-rooms
Gas stoves . . . . .
Special powers in Burgh Police (Scotland) Act, 1903
General .......
Application of building byelaws and regulations to Government buildings
VI. Statutory requirements and byelaws .....
VII. Maintenance of h«uses ......
VIII. Closing Orders under Housing Acts .....
Application of Closing Orders to unoccupied houses
Maintenance of unoccupied houses ....
Conversion of uninhabitable house into business premises
Enforcement of Closing Orders .....
Demolition Orders under Housing Acts
Demolition of houses closed informally before passing of 1909 Act
Notice of proposed house inspection under Housing Acts
XI. Service of notices under Housing Acts ....
XII. Definition of " owner " in Housing and Public Health Acts
XIII. Special case to Court of Session under the Housing, Town Planning, etc.. Act, 1909
XIV. Extension to County Local Authorities of powers as to improvement schemes
XV. Extension of powers of trustees to reconstruct buildings condemned by Local Authority
XVI. Extent of powers of Committee appointed under the Housing Acts
XVII. Necessity for expediting procedure for removal of nuisances under Public Health Act
XVIII. Paving of yards, courts, etc. ... . .
XIX. Repair of roads that are public rights-of-way
XX. Provision of means for carrying away water-drip from bridges
XXI. Provision of footpaths .....
XXII. Whitewashing and painting of common stairs
XXIII. Provision of receptacles for rubbish in scavenging districts .
XXIV. Byelaws for tents, vans, and sheds ....
XXV. Loans for public health purposes ....
XXVI. Confirmation of byelaws under Burgh Police Acts .
XXVII. Insufficiency of sanitary staffs ....
XXVIII. Adoption by Landward Local Authorities of the Burghs Gas Supply (Scotland) Act, 1876
XXIX. Necessity for consolidation of public health and housing statutes
Summary of recommendations and suggestions .
Appeal Authority ....
Water-supply to houses in county areas
Water-supply to houses in burghs .
Water-supply for colliery villages .
Drainage .....
Provision of water-closets in burghs . '
Provision of water-closets in county areas .
Provision of sculleries, coal-storage accommodation, larders or food stores, presses, and baths
Building byelaws in county areas .
Building regulations in burghs
Statutory requirements and byelaws
Closing and Demolition Orders
Miscellaneous recommendations
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CHAPTER XXXIII.
Revision of Administrative Areas and Duties of Local and Central Authorities
Nature of the new problems to be dealt with
Necessity for preserving units of public health and housing
Necessity for larger administrative areas
Burghs under 10,000 ....
Alternative methods of securing these conditions
(a) The constitution of new areas .
(b) The combination of existing Authorities
Central Authority ....
Conclusion .....
Summary of recommendations and suggestions .
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XVlll
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
CHAPTER XXXIV.
Bad Housing as a Factor in Industrial Unrest
PAOK
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CHAPTER'XXXV.
Leading Issues of Report
Results of our'survey .......
Overcrowding .......
Reason for excessive housing insufficiency and low housing standard
Obstacles to housing reform .....
Cost and acquisition of land .....
Obligation on Local Authorities for adequate housing
Central Authority .......
Its relation to local administrative authorities
Central Authority to be a principal department of State .
One-room house ........
Opposition to State subsidies to speculative builders and others
Responsibility of the State ......
Conclusion ........
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MINORITY REPORT.
Table of Contents
Report ....
Reservation by Mr G. F. Barbour
Reservation by Mr Charles Carlow
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460
460
ROYAL WARRANT.
George R.I.
OUR Will and Pleasure is that Letters Patent be made and passed under the Seal
appointed by the Treaty of Union, to be kept and made use of in Scotland in place
of the Great Seal of Scotland, in words and to the effect following :—
George the Fifth by the Grace of God of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith
to our trusty and well-beloved Sir Henry Ballantyne, Knight; our 'right trusty and
well-beloved Simon Joseph Fraser, Baron Lovat, Knight Commander of Our Royal
Victorian Order, Companion of Our Most Honourable Order of the Bath, Companion, of
the Distinguished Service Order; our trusty and well-beloved Sir William Younger,
Baronet ; our trusty and well-beloved William Fli^ming Anderson, Esquire ; our trusty
and well-beloved George Frbeland Barbour, Esquire; our trusty and well-beloved
Charles Carlow, Esquire ; our trusty and well-beloved Joseph Forbes Duncan,
Esquire ; our trusty and well-beloved David Gilmour, Esquire ; our trusty and well-
beloved John Milne Henderson, Esquire ; our trusty and well-beloved William Leslie
Mackenzie, Esquire, Doctor of Medicine, Member of the Local Government Board for
Scotland ; our trusty and well-beloved John Middleton, Esquire ; our trusty and well-
beloved Helen Louisa Kerr. Greeting ! "Whereas We have deemed it expedient
that a commission should forthwith issue to inquire into the Housing of the Industrial
Population of Scotland, rural and urban (with special reference in the rural districts to the
Housing of Miners and Agricultural Labourers), and to report what legislative or
administrative action is, in their opinion, desirable to remedy existing defects. Now
Know Ye that We, reposing great trust and confidence in your knowledge, discretion, and
ability, have nominated, constituted, and appointed, and do by these presents nominate,
constitute, and appoint you the said Sir Henry Ballantyne (Chairman), Simon Joseph
Fraser, Baron liovat. Sir William Younger, William Fleming Anderson, George Freeland
Barbour, Charles Carlow, Joseph Forbes Duncan, David Gilmour, John Milne Henderson,
William Leslie Mackenzie, John Middleton, and Helen Louisa Kerr to be our Com-
missioners for the purposes of the said inquiry ; And for the better effecting the purposes
of this Our Commission We do by these presents give and grant unto you or any three or
more of you full power to call before you, or any three or more of you, such persons as
you shall judge most competent by reason of their situation, knowledge, or experience to
afford you correct information upon the subject of this Our Commission, and also to call
for, have access to, and examine all such books, documents, registers, and records as may
afford you the fullest information on the suhgect, and to inquire of and concerning the
premises by all other lawful ways and means whatsoever ; And We do further by these
presents authorise and Empower you or any of you to visit and personally inspect such
places as you may deem expedient so to inspect for the more effectual carrying out of the
purposes aforesaid ; And We do by these presents will and ordain that this Our Com-
mission shall continue in full force and virtue, and that you Our said Commissioners, or
any three or more of you, may from time to time proceed in the execution thereof, and of
every matter and thing therein contained, although the same be not continued from time
to time by adjournment ; And Our further Will and Pleasure is that you or any three or
more of you may have liberty to report to Us your proceedings under this Cur Com-
mission from time to time if you shall judge it expedient so to do ; And We further
ordain that you do with as little delay as possible report to Us under your hands and
Seals, or under the hands and Seals of atiy three or more of you, your opinion upon the
matters herein 'submitted for your consideration. In Witness Whereof We have ordered
the Seal appointed by the Treaty of Union to be kept and made use of in place of the
Great Seal of Scotland to be appended hereto. Given at Our Court at Buckingham Palace
the Thirtieth day of October one thousand nine hundred and twelve and in the third year
of Our Reign.
By His Majesty's Command,
T. M'KiNNON Wood.
By Royal Warrant dated the Twenty-second day of February One thousand nine
hundred and fifteen, the Rev. James Barr, B.D., was appointed to fill the vacancy caused
by the death of William Fleming Anderson.
• . • . > •
•• :i« • • •> • •; ;•
'Ji'''.' '•' -
J • « • » "• ^
ROYAL COMMISSION
ON
HOUSING IN SCOTLAND.
REPORT.
To the King's Most Excellent Majesty.
May it please Your Majesty,
1. We, the undersigned Commissioners, appointed by Your Majesty's Royal Warrant, dated 30tli
October 1912, to inquire : — ■
Into the Housing of the Industrial Population of Scotland, rural and urban (with special refer-
ence in the rural districts to the Housing of Miners and Agricultural Labourers), and to report what
legislative or administrative action is in their opinion desirable to remedy existing defects — •
beg leave to submit our Report.
INTRODUCTORY.
2. Up to the date of our appointment the only important inquiry into the housing of the working
classes in Scotland was that carried out in 1885 by the Royal Commission presided over by the Right
Hon. Sir Charles W. Dilke, M.P. The labours of that Commission were, however, not confined to Scot-
land, but included England as well. So far as Scotland is concerned, their inquiries were not of an
exhaustive nature, being limited practically to the housing conditions in the cities and in some of the
West Highland areas, and only to certain aspects of those conditions.
3. Since the date of that Commission the whole administrative position has been transformed. By
the passing of the Local Government (Scotland) Act, 1889, the area of public health and housing adminis-
tration was greatly extended, the Parochial Boards with their parish areas being superseded by the
County Councils and District Committees. By widening the administrative areas, the Act made possible
the appointment of trained and whole-time officers, and as a result considerable improvement soon began
to be apparent in county government. In 1894 the Local Government (Scotland) Act of that year
established the Parish Councils, while the Local Government Board for Scotland was also constituted,
and took the place of the Board of Supervision which had been in existence since the Poor Law
(Scotland) Act, 1845.
4. In 1897 these two great measui-es were followed by another — -the Pubhc Health (Scotland) Act,
1897. This Act largely extended the powers of Local Authorities. Meanwhile, in 1890, the Housing
of the Working Classes Act became law, and in 1909 there was passed the Housing, Town Planning, etc..
Act, under which the central administration of the Housing of the Working Classes Acts was transferred
from the Secretary for Scotland to the Local Government Board for Scotland, and in which the prin-
ciples of town-planning were embodied for the first time in an Act of Parliament.
5. It will be seen, therefore, that so far as the administrative machinery is concerned, the position
to-day is very different from what it was when the Commission of 1885 made their inquiries. But our
investigations have proved that, though much progress has been made as the result of the reconstitu-
tion of the authorities in county areas and of the extended powers conferred on Local Authorities
generally, there is still much room for improvement, and the conditions we have found to exist through-
out different parts' of Scotland have amply justified the appointment of this Commission.
ORIGIN OF COMMISSION.
6. In 1909, by the directions of the Secretary for Scotland, the Local Government Board for Scot-
land called for reports from the County Medical Officers of Lanark, Fife, Stirling, Dumbarton, and Ayr,
as to the housing conditions of miners within their districts. Similar reports were subsequently asked
from the County Medical Officers of Midlothian, Linlithgow, Haddington, Kinross, and Clackmannan.
After receipt of the reports, the authorities interested were asked by the Board whether they had any
amendments of the law to suggest, or what further powers they would desire in view of the conditions
revealed in the reports. (See Reports of the Local Government Board for Scotland for 1910, p. Ixvii., and
for 1911, p. lix.)
7. These reports were obtained as the result of an interview that the then Secretary for Scotland
I
2 s 'j^Yi^J^ JQQMMISSION ON HOUSING IN SCOTLAND.
(The Right STn'/'Johr' Swlaif, now Lord Pentland) had in Edinburgh on 19th January 1909 with
representatives of the Scottish Miners' Federation on the question of the condition of the housing
accommodation available in some of the colliery districts. At that meeting the deputation urged that
a Committee of Inquiry should be appointed to ascertain the facts of the situation with a view to
initiating any necessary legislation.
8. A further deputation from the Scottish Miners' Federation was received in- London by the
Secretary for Scotland (Lord Pentland) on 26th April 1911. The members of the deputation again
referred to the very unsatisfactory conditions under which miners were housed, and submitted that
there should be a thorough investigation into the whole question. Lord Pentland in reply indicated
the action that had been taken since the previous deputation in 1909, and stated that the matter was
engaging the attention of the Local Authorities in the mining counties.
9. On 20th November 1911 the Secretarj^ for Scotland (Lord Pentland) received a deputation
of Scottish Members of Parliament representing mining districts, who urged the desirability of an
inquiry by Departmental Committee into housing conditions. In reply. Lord Pentland, after indicating
the action that he had already taken, stated that he would consider whether it was practicable and
advisable to have an inquiry into the conditions of housing generally in Scotland.
10. Subsequently this Commission was appointed on 30th October 1912, on the recommendation of
the Right Hon. T. M'Kinnon Wood, then Secretary for Scotland.
CHAPTER I.
PROCEDURE ADOPTED BY THE COMMISSION.
Preliminary.
11. Our first meeting was held on Friday, 20th December 1912, when the general procedure to be
adopted by us was discussed. It was then decided that the evidence to be taken should be heard in
private. Prom that date until our next meeting on 11th March 1913, we were occupied in arranging for
the necessary office and staff accommodation, in collecting information on matters pertaining to
housing, and in communicating with various parties with a view to their attending before us as
witnesses.
12. In order to facilitate the preparation of evidence by witnesses, we drew up heads of the
evidence that might be given by official witnesses, such as County, District, and Town Clerks, Medical
Officers of Health, Sanitary Inspectors, and Burgh Engineers, Masters of Works, and Burgh Surveyors.
Similiar heads were drawn up applicable to evidence by or on behalf of Coal Owners, Miners, Farmers,
and Farm Servants. These heads were furnished to witnesses, who were asked or who offered to give
evidence, and it was suggested to them that, while they need not adhere strictly to the heads or order
of the heads of evidence as prepared by us, their evidence might be submitted on the lines thereof. As
regards witnesses other than those indicated above, they were left to frame their evidence on what-
ever lines seemed to them best.
13. Most witnesses furnished beforehand a written or printed statement of the evidence fhey proposed
to give, and this, having been circulated among us, was held as the witness's evidence-in-chief, and
printed in the evidence as such ; and on this his examination by us was based.
14. Selections of persons who should be invited to give evidence were made by us, and in addition
notices were inserted in the newspapers from time to time asking that anyone who desired to give
evidence should communicate with the Secretary. We are satisfied that in those ways representative
witnesses were obtained.
Number of Sittings Held.
15. Altogether we held 155 sittings, at 114 of which witnesses were examined. While the majority
of our sittings were held in Edinburgh, we took evidence in various other centres in Scotland, including
all the principal towns, and also in certain towns in England, as will be seen from a later reference.
Our first sitting for the purpose of hearing evidence was held on 11th March 1913, and the last
witness was heard on 21st October 1915. At this date we had already made considerable progress in
framing certain portions of our Report, but in February 1916, on account of the War, the work of the
Commission was suspended on the instructions of the Treasury and the Secretary for Scotland. Official
authority was given in December 1916 to resume the work as from January 1917. This suspension of
the work of the Commission for almost a year — a course which we much regretted— has involved a
consequent delay in the issue of this Report.
16. Although we were not officially reassembled until January 1917, we held several sittings between
October and December 1916 for the purpose of framing and adjusting a Memorandum in reply to certain
queries that were put to us by the Reconstruction Committee appointed by the Government. That
Memorandum will be referred to later. (See Paragraph 32.)
Number of Witnesses Examined.
17. 415 witnesses were examined. The following particulars show the interests represented by
the various witnesses : —
Representatives of Government Departments 21
County, District, and Town "Clerks 18
Medical Officers of Health and School Medical Officers 35
Sanitary Inspectors, Burgh Engineers, Masters of Works, and Burgh Surveyors, and other Officials
of Local Authorities and Parish Councils ... 67
REPORT. 3
Members of County CouncilB, District Committees, Town Councils, and Parish Councils . . .43
Coal Owners 13
Miners and similar Industrial Workers 23
Landowners and Estate Factors and Farmej s (27), and their Representatives (17) . . . .44
Farm Servants * .6
Crofters* " 3
Architects and Builders - . .23
Representatives of Building and other Co-operative Housing Societies 11
House Owners and House Agents 9
Manufacturers 7 4
Medical Practitioners 8
Trades Councils and oliher Labour Organisations 20
Social Workers .13
Clergymen • 13
Schoolmasters 4
Miscellaneous 37
In addition, non-oral evidence was received from 10 witnesses.
* We also visited many farm cottages and crofts in many districts of Scotland and conferred there personally
with the workers.
Visits of Inspection.
18. In order to familiarise ourselves with the actual conditions under which the people were housed,
we made visits of inspection to all the principal large towns in Scotland and to representative smaller
burghs, as well as to mining, agricultural, crofting, fishing, and other areas in various parts of the country.
References will be made later to the conditions found existing in various areas we visited. In addition,
we visited different centres in England, e.g. Liverpool, Birmingham, London, Letch worth, Doncaster,
York, and Newcastle, and inspected housing schemes in or near these places, as well as heard evidence
from witnesses.
19. Throughout our visits we were received with the greatest coui-tesy on every hand, and every
assistance was furnished us by officials and others in our inquiries. We take this oppoi-tunity of tender-
ing our thanks and appreciation to all those who have so materially assisted us in our investigations.
Special Return Obtained from Local Authorities.
20. In addition to obtaining information from witnesses and by visits of inspection, we issued in
April 1914 a special return to Local Authorities asking information as to the extent to which they had
undertaken the provision of housing accommodation for the working classes. Among the particulars
desired was information on the following points : —
(1) Description of the houses provided.
(2) Cost of dwelhngs with price of land.
(3) Gross rent.
(4) Average loss through unlets.
(5) Proportion of gross rental spent in management, repairs, insurance, etc.
(6) AiTangements for factoring and caretaking.
(7) Finance of scheme.
(8) The class of worker provided for.
(9) Cost of land for feuing purposes in area of Local Authority.
(10) Particulars of schemes of slum clearance, if any, carried out by Local Authority.
(11) Scarcity, if any, of working-class houses in the area of the Local Authority.
The return was sent to all Local Authorities. 208 replies were received. The information furnished
in these replies will be dealt with later in this Report.
Special Investigation,
21. In the course of our inquiries it appeared to us advisable that a special expert report should
be obtained on the whole subject of the constniction and cost of working-class houses in Scotland.
Accordingly, with the consent of the Treasury, and with the concurrence of the Local Government Board
for Scotland, we appointed Mr John Wilson, F.R.I.B.A., the Architectural Inspector to that Board,
a Special Investigator, to prepare this Report. The terms of the Remit to Mr Wilson were : " To inquire
and report on different types of houses that are being built in selected parts of Scotland, as regards
their accommodation, materials of construction, methods of construction, cost of constniction, in-
cluding architect's fees, cost of land, cost of making roads, etc. ; to report on the particular type that
may be suitable to meet the needs of local circumstances, and to suggest in what respects the cost of
erection of houses may be cheapened, and to what extent, if any, the statutory requirements and the
provisions of local byelaws or regulations might be relaxed or modified." The Report submitted
with relative Appendices and Plans will be found in a separate volume of the evidence.
ROYAL CUMM1S.S1UN ON HOU81N0 IN SCOTLAND.
CHAPTER II.
OUTLINE OF HOUSING PROBLEM AND STATEMENT OF METHOD OF
TREATMENT IN THIS REPORT.
22. Of the many social problems which, after the War, will demand treatment and solution, none
is more pressing or more vital, in the interests of the welfare not only of the individual but also of the
nation, than the housing problem. For the intelligent treatment of that problem in this Report it seems
desirable that we should devote this chapter to a brief outline of the problem as it has presented itself
to us, not so much an outline of the difficulties with which it is overlaid both in town and country, but
rather an attempt to state what the ideal is at which housing reformers should aim. Thereafter, by
way of contrast, we will give one or two illustrations of the worst, but by no means uncommon, existing
housing conditions ; and, in addition, we mil state how, in this Report, we propose to handle the many
intricate problems which our Remit has led us to consider. The extent of the problem will be found
set fortb in the next chapter by way of a statistical (and estimated) survey of the shortage of houses
(a) according to present standards of overcrowding and habitabihty, and (6) according to a higher
standard of habitability which we recommend should be adopted.
23. Briefly stated, the housing ideal which we keep prominently before us is — How to provide
a healthy, comfortable dwelling for every family in the land.
24. A healthy, comfortable dwelling may be described as a house in which pleasant living and
decent sleeping accommodation is provided for the inmates of that house. That description involves
not only the interior of the house, but also the conditions exterior to it. Space, air, light, and water
are necessary elements. None of these requisites can be obtained without land or access to it. A very
large proportion of the population is housed at present under conditions congested as to air and space,
deficient as to smilight.and water, conditions which tend directly to physical and moral deterioration.
25. In regard to the interior of the house, the fact that, apart from the adult males, many of the
women and all the young children of the house sjiend the greater part of their h ves indoors, at once suggests
that the accommodation which should be provided should be of a nature to promote the health, comfort,
and happiness of the inmates.
26. It is not suggested that the solution of the housing problem will provide a panacea for all the
ills that afflict humanity. Housing is only one of many important and correlated questions that should
be pushed forward so far as possible side by side. There are social problems outstanding at present
which have long been crying for ameliorative treatment, but which, along with the housing problem,
have perhaps been more emphasised in the public mind by the war, and war conditions, than by anything
else which has occurred in history. Problems such as child-welfare, care of mothers, better education,
temperance, and a hving wage are all relevant to the housing problem with which it is our especial duty
to deal, and it may be that in the course of this Report these problems, or some of them, may be referred
to, not by way of proposing recommendations thereon, but by way of narrative, where they are found
to be correlated to or intermingled with the conditions of life of the individual, in so far as that life is
affected by the housing conditions.
27. It is not proposed in this chapter to ent«r further than already indicated into any narrative
of the present conditions of housing m town and country. These conditions will be fully dealt with in
later chapters. The difficulties surrounding the question are enormous because of the present wretched
conditions obtaining — conditions which are the growth of centuries. To give some idea of the nature
of the difficulties which call for treatment, we describe in the next paragraph (28) some of the condi-
tions which are found to exist in —
(1) The congested areas of Glasgow ;
(2) A mining district ; and
(3) The Lewis and the Outer Islands.
Instances of Bad Housing Conditions.
(1) Congested Areas of Glasgow.
28. In the older tenements or " lands," the passages are often dark, narrow, and foul-smelling.
Some passages are T-shaped, and at the further end it is necessary to fight a match in the daytime in
order to distinguish the doors. Those doors and the partitions are so poorly constructed that there
is no privacy even within the houses.
In other cases there is a single long passage traversing the tenement, with doors on either side
giving access to different houses (in certain " back lands " in the Cowcaddens Ward in Glasgow there
are as many as ten or twelve houses opening off one passage). With this arrangement through ventilation
is impossible.
There is one instance in the Anderston district of Glasgow in which a whole street of high tenements,
with damp and dark sunk flats below the level of the street (which is only 19 feet wide), has been wedged
into a V-shaped space between two important converging thoroughfares. One witness described this
area as follows : — " The sunk flat houses even in a hot dry summer remain damp and unwholesome.
' The stairs down to these houses are almost invariably dark and dirty, the passages pitch dark on the
' brightest day, so that only by feeUng along the walls can one discover the doors. The bulk of the
' houses are of the n[iade-down type, very dark lobbies (now fighter by night than day owing to the Corpora-
' tion's recommendation that incandescent burners be put on the stairhead lamps). ... In all these closes
' the stairs are filthy and evil-smelfing, water-closets constantly choked, and foul water nmning down the
' stairs, sickly cats everywhere spreading disease. . . . One street is known as ' The Coffin Close,' so
' bad is its repute — ^narrow stairs and dark, twisting lobbies, with no fight and absolutely no air."
(Rutherfurd, 22,110 (2).)
REPORT. • 5
Reference is made in Paragraph 49 to the large number of two-room houses in Scotland. Over-
crowding in these houses is common, as the following instances from Glasgow will show : —
A " two-apartment house with eleven persons in it, five of whom were males over ten years old,
' and three females over ten. ... In other two-apartment houses there were eight and a half persons (two
' males and four females over ten) ; eleven persons (six males and four females over ten) ; nine persons
' (four males and three females over ten)." (Chalmers, 20,337.)
These extracts (from the evidence of Miss Rutherfurd, the Warden of Queen Margaret Settlement
and a member of the Glasgow Parish Council, and Dr Chalmers, Medical Officer of Health for Glasgow)
may be taken as representing, possibly with some modifications, the worst aspects of housing in the other
cities in Scotland and a number of the larger burghs, especially where industrial activity has led to
congested conditions of hving.
(For further descriptions of City Housing, see Chapter VIT.)
(2) A Mining District.
The " Miners' Row " of inferior class is often a dreary and featureless place, with houses, dismal
in themselves, arranged in monotonous lines or in squares. The open spaces are encumbered with
washhouses, privies, etc., often out of repair, and in wet weather get churned up into a morass of semi-
liquid mud, with little in the way of solidly constructed road or footpath — a fact which adds greatly
to the burdens of the overwrought housewife.
The houses vary greatly in construction, but a large number are of two types. The older is either
a " single-end " or " but-and-ben," according as it has one or two rooms. It has only one door, and the
solid back wall is pierced only by the smallest of windows, if by any, so that through ventilation does
not exist.
Many of the older houses show the faults of their class — leaky roofs, damp walls, and uneven and
broken floors — the last a source of particularly bitter complaint. In addition there are faults not found
outside mining communities, the chief being broken plaster and fissures in the walls, where " subsidence "
has been serious ; while in the worst houses in the West of Scotland the only place for the storage of
coals is below the bed. The impossibility of domestic cleanliness and order where this is the case needs
no enforcement.
If the workers in a house are on different shifts, the task of the housewife is complicated by irregular
meals and sleeping-hours. If the pit is a wet one, the miners' soaking clothes must be left at night by
the kitchen fire ; and as the kitchen is a sleeping apartment even where there are one or two other rooms,
the steam and gas which are given off as the pit clothes dry are highly injurious to the children, who may
be in one of the two large beds near by. In the absence of baths at the pithead or in any save the newest
houses, the miner on his return must take his bath in the scullery (if there is one), or in the inevitable
pubhcity of the kitchen. With this accumulation of difficulties to contend with, the standard of cleanli-
ness and neatness attained in many houses (though by no means in all) is a matter for genuine surprise
and adnairation. In the numerous cases, however, in which water has not been introduced into the
houses, but must be fetched from a standpipe at the end of the row, a high standard of cleanliness cannot
be looked for. '
The dreary and unkempt surroundings of many rows have been already referred to, but a word
must be said as to the nature of the outhouses which fill the intervals between the rows. Occasionally
there is a properly constructed common washhouse, but in the older villages more often only such
makeshift and ramshackle washhouses and coal-sheds as the miners have run up for themselves. But
the chief of these unsightly structures are the privies. In the West of Scotland this often is a " privy-
midden," which has only in comparatively recent times been expelled from the cities and still imhappily
retains its place in the mining villages. It is a large erection, open on one side, where ashes and all other
household refuse are thrown in, and closed (though often not adequately closed) on the side which serves
as latrine. It is the only sanitary convenience in many rows ; and it is so impossible to keep clean,
so foul-smelling, and so Uttered with filth of all soi-ts, that no decent woman can use it, while if children
do so, it is at grave risk to their health of body and mind. Another case, one degree less bad, is that
of the range of separate privies — one for each three or four houses in the row. Here things may be
better if they are well kept, but the difficulty of keeping th^m well is enormous ; and often locks are forced,
and doors may even be wrenched off.
These abominations are gradually being replaced by better sanitary appliances, but in some districts
they ire still the mle.
(For fuller evidence of housing conditions in Mining Areas see Chapter XIV.)
(3) Lewis and the. Outer Islands.
There is a great scarcity of habitable houses in such crofting areas as Lewis and the Outer Islands.
The housing conditions in Lewis are deplorable. A great number of the houses are of the " black
tjrpe," rough stone walls with thatched roofs, no fireplaces, or chimneys. In many the cattle are housed
under the same roof as the human beings, and one has to go through the byre before the living accom-
modation is reached. The byre and kitchen are separated from each other by a wooden partition (though
in some cases this is awanting) which often does not extend to the roof. As the manure from the byre
is removed only once a year, the conditions can be better imagined than described. In the living room
the fire of pe^ts is built up on the groimd surrounded by a ring of flat stones in the centre of the room,
and the smoke finds an outlet where it can. As the thatched roof does not extend to the eaves but only to
the centre of the wall, it is needless to say that the wall — which between the two layers of dry stones of
which it is built is packed with earth or turf — is more or less constantly damp. Many bouses of the
worst tjrpe have no window or only a small one in the roof. This so-called window is, however, often
grass covered. Any light is obtained from the fire or lamps. The sites and surroundings of the houses
are most unhealthy. (Reference is made to Chapter XVIII. on Crofting.)
_ 29. The descriptive statements of housing conditions in three areas of totally different kinds given
6 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
above at once show that the housing problem is one of immense difficulty. Accordingly, having stated
briefly what the nature of the problem is, we now propose to state the order and method by which
we intend to handle it in this Report.
30. We shall (in the next chapter), as we have said, show the extent of the problem ; then we shall
give (in Chapter IV.) a statement of the existing administrative authorities, central and local, with certain
recommendations for strengthening those authorities and their powers. Thereafter we shall devote
a chapter (V.) to the existing Housing Laws. This chapter will consist of a summary of the existing
statutory powers in regard to housing under general and local Acts. Having stated the authorities that
administer the law, and the law as it exists, we will then proceed to a narrative of the housing conditions
in town and coimtry. We shall describe these conditions under certain broad classifications — with
appropriate sub -classifications : —
(a) Burghal (including sanitary appliances and conveniences).
(6) Mining.
(c) Rural or Agricultural.
(d) Fishing Communities.
(e) Crofting.
(/) Migratory and Seasonal Workers, i.e. Potato-Diggers, Berry -Pickers, Herring-Gutters, Navvies,
and Tinkers.
Having dealt with the conditions under these broad classifications, we shall then give an account of the
administrative difiiculties in dealing with existing housing conditions, and make suggestions for removing
these difiiculties. A chapter or chapters will be devoted to the important questions of land, acquisition
of land, arbitration, compensation ; another chapter to provision of water and water areas and drainage.
We will require also to deal specially with building, co-operative, and pubUc utility societies, with transit,
with town-planning and improvement schemes. The subject of statutory requirements and byelaws
is important and will be discussed. The chapters deaUng with these subjects and others wiU. contain,
from time to time, as we deem appropriate, recommendations for amendments of the law and improvement
of existing conditions.
31. Finally, we shall sketch to the best of our abihty a comprehensive housing poUcy and recommen-
dations which, while we recognise it will take many years to carry them out to their full extent, will, we think,
if taken up actively at once, produce immediate and — although for the time limited — beneficial results,
and which, as time goes on, should ultimately provide for every person in the land a decent, comfortable,
healthy house. The conscience of the nation has been awakened in regard to this and many other social
problems. We believe that the nation will never again tolerate the apathy which has obtained hitherto
in regard to the conditions of Ufe of a great part of the population of the British Islands. That those
who have been called upon to defend the country should, on their return to their native land, have the
opportunity, for themselves and their dependants, of obtaining conditions of domestic comfort and
opportunities of a happy and useful existence, is, we think, now the accepted creed of all. Further,
we think the nation now believes that it is essential in the national interests that those individuals who
are presently casual and inefiicient should have particular regard paid to their conditions of life in order
to raise their standard of living, and thereby reduce the sum-total of human misery. It is in this spirit
and with these beliefs that we have addressed ourselves to the framing of this Report ; and it is because
of our profound conviction that it is the duty of the nation to undertake the great work of providing
decent homes for the citizens of a great Empire that we have come to the conclusion that a wide and
sweeping change is required in the provision of houses, and have framed our policy and recommendations
accordingly.
CHAPTER III.
ESTIMATE OF SHORTAGE OF HOUSES— SHOWING STATISTICALLY THE
EXTENT OF THE HOUSING PROBLEM.
32. We have carefully considered the question whether any estimate could be given of the shortage
of houses in Scotland, and the following remarks and views are substantially a repetition of a Memorandum
on the subject which we prepared in the autumn of 1916 at the request of the Reconstruction Committee
of the Government.
33. At the census of 1911 the total population of Scotland was 4,760,904, and the total number of
occupied houses was 1,013,369. In addition there were, according to the Census Returns, 89,060
unoccupied houses.
34. There is no statistical evidence before us that enables us to give a definite figure of the shortage
of houses. The evidence of witnesses speaks in general terms of scarcity of houses in different districts,
but they seldom condescend on even an approximate figure.
35. The periodical inspection of dwelling-houses provided for by section 17 of the Housing, Town
Planning, etc.. Act, 1909, has for various reasons not yet been undertaken in all areas ; and accordingly
the information gathered by us from every part of Scotland, and furnished largely by public health
officials, while valuable from the descriptive is often deficient from the statistical standpoint.
36. It has, therefore, been necessary to cause a special investigation to be made with a view to
arriving at an estimate. This investigation has been made for us by Mr J. Walker Smith, Controller of
Housing and Town Planning for the Local Government Board for Scotland, assisted by members of the
Housing Branch of that Department, and we are greatly indebted to these gentlemen for the valuable
assistance thay have given. The results arrived at by this investigation have been compared with the
general evidence given to us, and we are satisfied that the estimate submitted is a reasonable and
apyjroximately accurate one.
REPORT. 7
37. The following tables (the construction of which we shall explain presently) show the results of
the investigation :—
TABLE I.
Tabulated Statement showing the Present Shortage of Houses in Scotland.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Classification of
Areas.
Popula-
tion.
1
O S
.a
3
o jg
-Q O
aw
ll
■■i-i
Estimated Number of
Uninhabitable Houses
Repairable.
Net Estimated Number of
Houses requiring Demo-
lition (col. 4 minus
col. 5).
Net Estimated Number of
Houses required in re-
spect of Overcrowding
and Sub-letting.
Estimated Total of
New Houses required
(col. 6 plus col. 7).
Percentage of " New
Houses required to
Occupied Houses."
Burghal Areas : —
Large burghs (popula-
tion over 15,000) .
2,582,042
549,167
28,073
7,940
20,133
30,793
50,926
9-27
Small burghs (popula-
tion under 15,000) .
684,204
152,356
22,016
12,803
9,213
9,241
18,454
12-11
Landward Areas : —
Agricultural
805,186
177,191
8,280
1,944
6,336
3,331
9,667
5-46
Industrial .
289,429
68,043
9,431
3,104
6,327
4,402
10,729
15-77
Mining
305,470
59,135
4,123
117
4,006
6,990
10,996
18-59
Crofting .
124,561
27,816
4,836
4,836
727
5,563
20-00
Outer Hebrides .
36,525
7,883
6,818
6,818
277
7,095
90-00*
Totals
4,827,417
1,041,591
83,577
25,908
57,669
55,761
113,430
10-89
* See remarks on this percentage in Paragraph 43 of this chapter.
TABLE IL
Shortage of Houses as estimated from the Amount of Overcrowding disclosed by the Census
Returns for 1911. In this Estimate Overcrowding is reckoned for all Persons living
more than Three in a Room.
Overcrowded Inhabited Houses,
New Houses
consisting of —
Surplus
required for
Degree of
Total.
Popula-
tion to be
Surplus Popu-
Overcrbwding.
lation (5
One
Two
Three
Four
housed.
persons per
Room.
Rooms.
Rooms.
Rooms.
house).
Overcrowded by—
1 person .
19,824
34,990
4992
217
60,023
60,023
12,005
2 persons
12,787
23,627
2499
109
39.022
78,044
15,609
3 ,
7,343
13,384
1081
101
21,909
65,727
13,145
4 ,
3,573
6,681
426
10,680
42.720
8,544
5 ,
1,575
2,652
1.38
4,365
21,825
4,365
6 ,
589
1,020
77
1,686
10,116
2,023
7 ,
195
286
481
3,367
673
8 ,
J ' • >
53
99
1.52
1,216
243
9 ,
10
39
49
441
88
10 ,
5
5
50
10
11 ,
1
1
11
2
12 ,
2
••
2
24
5
T
utal
45,957
82,778
9213
4
27
138,375
283,564
56,712
38. From the foregoing tables it will be seen that the estimated immediate shortage of houses is
113,430, or 10-89 per cent, of the number of presently occupied houses. For reasons given later (in
Paragraph 44), we consider that the estimated shortage in agricultural areas is too low, and that another
8 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
8000 houses should be added to the above figure, making a total of 121,430, being 11-6 per cent, of the
total number of occupied houses in Scotland.
39. In arriving at this figure regard has been had only to existing overcrowding and to the unin-
habitability of houses at present occupied.
40. Although not strictly relevant to the question of shortage of houses, the undoubted fact that
arrears of shortage had been fast accumulating is borne out by the Census Returns on Occupations. A
gi-eat falling-ofi in the ten years 1901-1911 in the number of persons with occupations connected with
the building trade is shown. In 1901 there were 124,000 men returned at the census as having build-
ing occupations, such as builders, carpenters, bricklayers, masons, joiners, etc. In 1911 this number
had fallen to 96,000.
41. We shall now proceed to explain the system on which the tables have been framed.
Shortage due to Overcrowding.
42. In considering the question of overcrowding, it was necessary first of all to agree on some
standard of overcrowding, and, taking all circima stances into consideration, it was thought that a
standard might be adopted whereby houses with more than three persons per room would be
regarded as overcrowded. Considering that the English Registrar-General for census purposes regards
more than two j^ersons per room overcrowding, the standard of three persons per room cannot be said
to be an unduly stringent one, even allowing for the fact that the average size of room in Scotland is.
upon the basis of floor areas, about 20 per cent, larger than the average size of room in England. Accord-
ing to the three persons per room standard, as will be seen from Table II., which has been compiled from
the Census Returns for Scotland for 1911, there are 283,564 persons who are living in overcrowded con-
ditions. If the population is to be housed at the rate of not more than three to a room, new accommo-
dation must be found for an equivalent of these 283,564 persons. Taking the average household as
composed of five persons, this will require the provision of 56,712 houses, which closely approximates
the number 55,761 arrived at on a different basis of calculation — see column 7 of Table I.
Shortage due to Irreparable Uninhabitability.
43. In addition, however, there has to be considered the question — How many of the existing
houses in Scotland fall below a standard that is at present regarded as a habitable one ? Here there
are no census figures available, but the special inquiries that have been made from time to time into
housing conditions in various parts of Scotland by officials of the Local Government Board, and the
information that has been gathered by us, enable a fairly accurate estimate to be made. For the pur-
pose of arriving at this estimate the population of Scotland has been divided into seven gi'oups, viz. :- -
(1) Large Burghs. (Population over 15,000.)
(2) Small Burghs. (Population under 15,000.)
(3) Agricultural Areas.
(4) Industrial Areas.
(5) Mining Areas.
(6) Crofting Areas ; and
(7) Outer Hebridean Areas.
More or less typical areas have been selected from these groups and special investigation made, or exist-
ing information utilised, as regards the degree of habitability of the existing house, and from the results
so obtained of typical areas the figures for the whole group have been calculated. In some of the areas
the estimate can be regarded as fairly accurate, but in other areas the information obtained as regards
the special areas selected for examination was not detailed enough to allow of more than a rough approxi-
mate estimate. Nevertheless, apart from the estimate of housing shortage in agricultural areas, in
regard to which some special observations will be found below (Paragraph 44), and also subject to an
observation upon the estimate of housing shortage in the Outer Hebridean areas to be made immediately,
we are satisfied that the estimate of shortage is reasonable, and, if anything, errs on the moderate side.
In regard to the Outer Hebridean areas- — it is not possible to justify statistically the estimate of 90 per
cent, shortage, owing to the absence of any detailed survey of the housing conditions in these areas ;
but, judging by our own observations on the spot; we think that the actuality will not fall far short
of the percentage mentioned, and will certainly not fall below 80 per cent.
Shortage in Agricultural Areas.
44. In regard to the shortage in agricultural areas, it will be observed from Table I. that the per-
centage of shortage seems low. We, for the reasons after stated, think it too low. While, on the one
hand, the worst of the agricultural districts in Scotland, i.e. certain sections of the crofting areas and
the Outer Hebrides, have been dealt with in the tables separately, we should point out that of the agri-
cultural areas selected for special examination, one of them showed a very small proportion of houses
requiring demolition, while the number of houses in that area constituted the great bulk of the number
of houses in the selected agricultural areas. Accordingly, if that particular area were eliminated
altogether, the percentage of agricultural shortage would rise from 5-46 to 7-80. There is evidence,
too, before us to show that there is an actual shortage of cottages as distinguished from a shortage of
habitable cottages in several parts of agricultural Scotland.
45. Taking everything into consideration, we are of opinion that the shortage of housing in the
agricultural areas is greater than the figures in Table I. show, and that the shortage might provisionally
be taken at 10 per cent, of the existing occupied houses. On that basis there would fall to he added, as
shown above, a figure of 8000 for shortage in agricultural areas, making a total agricultural shortage
of 17,667 houses instead of the 9667 shown in Table I.
REPORT.
Estimated Shortage on Existing Standard.
46. As will be seen from Table I., the number of existing houses shown as iminhabitable and not
capable of being made habitable may be put down as 57,669. If to this last-mentioned figure be added
the new houses required to meet the surplus overcrowded population, as shown in column 7 of Table I.,
viz. 55,761, and also the 8000 houses for agricultural areas just referred to, the result is a shortage total
of 113,430 houses which are immediately necessary.
47. As stated in Paragraph 13, there were, at the 1911 census, 89,060 unoccupied houses. We
have, for the following reasons, not taken these houses into accoimt in arriving at the above estimate
of shortage : —
(a) There has been a considerable reduction of imoccupied houses since 1911, especially in the
large industrial districts in the Clyde area, where, in 1911, there wa,s a large number of vacant houses.
In Govan, for instance, there were 2148 vacant houses in 1911, but, in 1915, that number had, accord-
ing to evidence given before Lord Hunter's Rent Inquiry Committee, decreased to 333.
(6) No accoimt is taken in the census enumeration of the condition of a house, and it is probable
that the unoccupied houses were in large part imsatisfactory and practically iminhabitable.
(c) So far as the imoccupied houses were not unsatisfactory of themselves, many of these were in
such positions or localities as to be unserviceable. This especially applies to houses in rural areas.
(d) In some cases the houses tliough accessible and within the borders of habitability are not large
enough or good enough to meet the current demand.
(e) Among the 89,060 unoccupied houses in Scotland must, of course, be included a considerable
number of houses too large or too highly rented for working-class occupation.
Estimated Additional Shortage on Improved Standard.
48. It may be explained that in arriving at the figure of the number of uninhabitable houses as
shown above, regard has been had to the standard of habitability as at present in general acceptance.
We, however, regard that standard as generally much below what may reasonably be termed satisfactory.
49. In proof of this statement it is only necessary to refer to the fact that in 1911 there were in
Scotland 129,730 one-room houses=12-8 per cent, of the total number of houses, and 409,354 two-
room houses==40-4 per cent, of the total number of houses in Scotland. The distribution of the popula-
tion in one- and two-room houses is 8-4 per cent, in the former and 39-3 per cent, in the latter, as against
1-3 per cent, and 5-8 per cent, respectively in England and Wales. Our investigations and the evidence
brought before us prove that in a large percentage of cases these houses are not supplied with sculleries
and sanitary conveniences ; and that in many cases water is not introduced but has to be carried a con-
siderable distance. This is true generally as regards the older types of the houses of the mining and
agricultural population, and even some of the more modern rows of miners' houses.
50. We are of opinion that the existing standard of accommodation should be raised. The figures
given in the preceding paragraph showing the great preponderance of one- and two-room houses indicate
that serious improvement is necessary in the conditions under which the working classes live. The
demand for houses of three or more rooms is growing, and we consider that such houses should supersede
to a large extent houses of one or two rooms. We recognise, however, that this course is not immediately
practicable, but we recommend that efforts should be steadily directed to this end. We have considered
to what extent additional houses would be necessary on a three- room standard, which we meantime
recommend should, as far as possible, be put in operation, and we find that 114,560 houses would be
required. This figure is arrived at on the" assumption, which we consider a reasonable one, that 50 per
cent, at least of the one-room houses and 15 per cent, of the two-room houses at present considered
habitable should be replaced by new houses.
Total Estimated Shortage.
51. Before, therefore, the housing conditions in Scotland could be regarded as satisfactory, 235,990
houses, with all the necessary sanitary and domestic conveniences, would fall to be provided. Of that
total we, as already stated, consider that 121,430 are immediately necessary to relieve existing over-
crowding and to take the place of houses presently occupied which are clearly unfit and cannot be made
fit for habitation.
Distribxttion of Shortage.
52. As already stated, there is no statistical evidence before us that enables us to give a definite
figure of the shortage of houses. We consider that as soon as circumstances become more normal, steps
should be taken by the Local Government Board for Scotland, as the Central Authority under the
Housing Acts, in conjunction with the Local Authorities, to have a survey made of the general housing
conditions in Scotland with a view to ascertain definitely where the greatest shortage exists.
53. Our investigations have satisfied us that throughout Scotland generally there is a shortage of
habitable houses. This shortage, however, is felt more in some districts than in others. Houses are
more immediately required in the large industrial centres, and more especially in those of the West of
Scotland, and the Clyde area, such as Glasgow, Lanarkshire, Dumbartonshire, and Renfrewshire. It
so happens that the movement of population during the war has been very largely to these areas, where
overcrowding to a considerable extent existed in pre-war times, and that in the districts in which new
accommodation was especially needed in 1911, the pressure on accommodation has steadily increased
since. This will be seen if the census statistics of unoccupied houses in certain burghs in the Clyde
area are compared with those given in the following table, which was supplied in October 1915 by Mf
Walker Smith, Controller of Housing and Town Planning for the Local Government Board for Scotifuul,
to Lord Hunter's Rent Inquiry Committee (Cd. 8111, 1915) : —
10
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Unoccupied Houses.
Burgh.
April 1911.
October 1915.
Glasgow
20,902
8422
Partick
1,605
158
Govan .
2,148
333
Greenock
564
31
Renfrew
184
11
Paisley
1,450
348
Barrhead
117
36
Rutherglen
354
51
Clydebank
1,338
54. The housing conditions in the mining districts, particularly in Lanarkshire, Ayrshire, and, in
a lesser degree, parts of the Lothians and Fifeshire, are, in many instances, very unsatisfactory, and a
large number of new houses is required in these districts.
55. In addition there is a real scarcity of moderately rented houses of a good sanitary standard
in many of the smaller burghs, in the agricultural areas, in the poorer fishing burghs as well as in the
fishing quarters of the better ofE burghs, and in the crofting communities of the North and West of
Scotland, especially those on the West Coast.
Note of Existing Housing Conditions.
56. Apart from statistics which we have compiled as carefully as possible — but which are not and
could not be made comprehensive- — we get support from the general evidence for this estimate of the
housing shortage. The evidence gives startling accoimts of the bad housing in many towns and districts,
as will be seen from subsequent chapters descriptive of housing conditions throughout Scotland,
SUMMABY OF RECOMMENDATION AND SUGGESTION IN CHAPTER III.
That the Local Government Board should undertake a housing survey in order to ascertain definitely
the incidence of shortage in houses. (Paragraph 52.)
CHAPTER IV.
STATEMENT OF EXISTING AUTHORITIES.
(a) Central Authorities.
57. Local Government Board. — The Local Government Board for Scotland is the Central Authority
under the Public Health and Housing Acts. The Board, as already stated, was constituted in 1894 by
the Local Government (Scotland) Act of that year, and took the place of the former Board of Supervision.
The Board consists of three ex officio members, viz. the President (being the Secretary for Scotland),
the SoUcitor-Greneral for Scotland, the Under-Secretary for Scotland, and of three salaried appointed
members, viz. a Vice-President, a Legal Member, and a Medical Member. The number of members
of the Board remains as when it was first appointed. The Board did not become the Central Authority
\mder the Housing Acts until 1909. Since it was first appointed, a very considerable amount of additional
work has been imposed on it, including, as just indicated, the administration of the Housing Acts. The
staff of the Board has of (course been increased from time to time- — this because of the additional duties
allotted imder statute to the Board. The work devolving on the members of the Board has, as a
consequence, increased in a notable degree. (Macpherson, 4 and 5.) As will be seen later, we make a
recommendation for a strengthening and increase of the Board and its staff.
58. It does not seem necessary to give in any detail the powers and duties of the Local Government
Board as regards housing under the various Acts for the administration of which they are responsible.
These are very fully set forth in the evidence of Mr Ewen F. Macpherson, the Legal Member of the Board,
and several of them will be referred to as occasion requires in the course of this Report. It will be
sufficient here to state what the powers of the Board are to deal with Local Authorities who fail to carry
out the duties entrusted to them by statute.
59. The Board have no direct power of compelling a Local Authority to perform a neglected duty.
This can be done under the Housing Acts only by the Court of Session on an application by the Board.
Where it appears to the Board that a Local Authority have failed to perform their duty under these
Acts of carrying out an improvement scheme (i.e. a clearance of a slum area), or as regards a reconstruc-
tion scheme, or have failed to carry out the necessary housing inspection of their district, the Board
may apply to the Court of Session, and that body is required to take such action as appears to them
necessary. (Macpherson, 2 (333).) In these cases the Board can proceed on their own initiative. Where,
however, the Local Authority have failed to exercise their powers under Part II. (Unhealthy Dwelling-
Houses), or Part III. (Provision of Houses for the Working Classes), of the Housing of the Working Classes
Act, 1890, in cases where those powers ought to have been exercised, the Board can make application
REPORT. 11
to the Court of Session only where formal complaint has been made to them in the following manner,
viz. (1) in the case of a landward Local Authority, by the County Council, a Parish Council, or any
four inhabitant householders ; and (2) in the case of any other district by any four inhabitant house-
holders. (Macpherson, 2 (334).)
Powers are also conferred on the Board whereby it may take action in the Court of Session against
a Local Authority in regard to the enforcement of a town-plaiming scheme. (Macpherson, 2 (398).)
Such action may be taken " on any representation " (Act of 1909, sections 61 and 67 (6)).
60. Where a Local Authority neglect their duty under the Public Health (Scotland) Act,
1897, or fail to implement their duties under the sections of the Housing, Town Planning, etc., Act, 1909,
dealing with inspection, closure, and demolition of houses, the Board have power to apply to the SherifE,
who is bound to make inquiry into the matter and to make such a decree as in his judgment the case
requires. (Macpherson, 2 (77) (335).) The Board have also power under the Public Health Act, in cases
where a Local Authority refuse or neglect to do what is required of them under that Act, or under the
Burgh Police (Scotland) Act, 1892, or otherwise, or in cases where any obstruction arises in the execution
of the Public Health Act, to apply, subject to the approval of the Lord Advocate, to either Division
of the Court of Session to have the Local Authority ordained to perform their duties, and the Court
is directed to pronoimce such Order as may appear to them just. A Procurator-Fiscal may also by
directions of the Board take legal proceedings against a Local Authority. (Macpherson, 2 (78) (79).)
61. While the Board have the powers over Local Authorities (including Town Councils) just described,
they have no control over the actings of Dean of Guild Courts in relation to sanitary matters, and it
is suggested that such control should be givep.. (Macpherson, 2 (180), 66-68.) These Courts, when estab-
lished, take the place of, and exercise the powers of, Town Councils under the Burgh Police Acts in regard
to the erection, etc., of buildings.
Reference may also be made here to the powers contained in section 63 of the National Insurance
Act, 1911, imder which, in the event of there having been excessive sickness among insured persons
due to bad housing conditions, the Local Government Board may, after inquiry, order a Local
Authority to pay the amoimt of the extra expenditure due to such excess of sickness.
In a later portion of this Report we make recommendations for strengthening the powers of control
of the Local Government Board in respect of some of the matters above referred to.
62. Board of Agriculture for Scotland and Scottish Land Court.- — The exercise of the powers of these
two departments so far as housing is concerned is confined to* the agricultural and crofting areas, and
will be referred to in the portions of this Report dealing with housing in these districts.
63. Public Works Loan Board. — This Board is empowered to grant loans for housing purposes to
Local Authorities, and also to public utility societies and other companies, societies, and individuals.
The conditions under which loans are granted will be dealt with in a later chapter (XXVIII.). Meantime
attention is drawn to the following general administrative points :■ —
(a) At present loans are not made by the Public Works Loan Board for all purposes of the Housing
Acts. Loans for town-planning and for improvement schemes (such as recreation grounds, open
spaces, etc.) are excluded, on account of the limited amount of the funds placed at the disposal of the
Board. (Appendix CLXXX.) While the whole question of the finance of housing schemes will be dealt
with later, we think it right to record here our opinion that the Loan Board's fimds should be so increased
as to enable loans for all the purposes of the Housing Acts to be granted.
(b) In the case of loans to public utility societies, public companies, and private persons, the Board
before granting a loan submit the plans, specifications, etc., to the Office of Works " for their approval,
' and their report as to the suitability and sufficiency of the scheme, and their valuation of the property
' when it is completed." The Local Government Board are not consulted. In the case of loans to
Local Authorities, the Loan Board do not obtain the advice of the Office of Works, the reasons being
that the " security being the local rates, there i? not the same necessity," and also that the Local Authority
before approaching the Loan Board must first have obtained the consent of the Local Government Board
to the proposal to borrow. (Appendix CLXXX.) As already mentioned, we propose to Seal later with
the finance of housing schemes, but meantime we recommend that before any loan for housing purposes
is granted to a public utility society, public company, or private person, the Local Government Board
as the Central Authority under the Housing Acts should be consulted, and their advice obtained as to
the suitability of the scheme. A precedent for this recommendation will be found in section 9 (2) of the
Housing, Town Planning, etc., Act, 1909, under which the Local Government Board are consulted by
the court or body responsible for making any scheme with reference to property required to be applied
under any trusts for the provision of dwellings available for the working classes.
(6) Local AxrrHORinES.
In Counties.
64. In county areas the Local Authority for housing purposes in Scotland is (a) the County Council
in counties not divided into, districts, and (b) the District Committee in coimties divided into districts.
There are eight coimties not divided into districts. The remaining counties (twenty-five in number)
are divided into districts comprising altogether 99 districts, each of which has a District Committee. There
is thus a total of 107 Local Authorities in the county areas of Scotland. The counties that are not divided
into districts are the smaller ones, and their population ranges from 4184 (Selkirk County) to 21,747 (Elgin
County). The districts vary in population from 93 (Cumbrae District of Bute) to 202,659 (Middle Ward
District of Lanarkshire). (The populations quoted are taken from the 1911 Census.) Within the areas
of District Committees there are places with considerable populations, e.g. in the Middle Ward of
Lanarkshire there are some places with populations approaching 20,000. The valuations of the Countv
Local Authorities vary from £2129 in the Cumbrae District of Bute to £1,359,446 in the Middle Ward
District of Lanark. (See Return prepared by Local Government Board for Scotland, Cd. 7992, 1915.)
65. The District Committee is subject to any general regulations made by the County Council for
12 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
its government. In addition the County Council may cause a representation to be made to the Local
Government Board if it appears to the County Council that the Public Health Acts have not been properly
put in force within any district of the county, or that any other matter affecting the public health of
the district requires to be remedied.
66. These Authorities were first constituted by the Local Government (Scotland) Act, 1889. The
powers of District Committees, however, are limited to the extent that they cannot rate, borrow, or
acquire or hold land. In all counties for these purposes the County Council is the Local Authority, but
no works involving capital expenditure can be imdertaken unless with the consent of the standing Joint
Committee. This Committee is composed of an equal number of members nominated by the County
Council and the Commissioners of Supply, with the Sheriff of the Coimty or one of his substitutes as
an ex-officio member.
67. The Coimty Council is an elected body. The Commissioners of Supply were, prior to the coming
into force of the Local Government (Scotland) Act, 1889, the chief coimty authority for administrative
and rating purposes. That Act transferred to the Covmty Council practically all the powers and duties
of the Commissioners of Supply, but, as shown above, the latter body still elect members to the Standing
Joint Committee. Until 18.54 the Commissioners of Supply were individually named in Acts of Supply ;
but since the passing of the Valuation Act, 1854, they have consisted of all owners of lands and heritages
(other than houses) of the annual value of £100, of owners of houses of the value of £200 a year, of the
eldest sons of owners of £400 a year, and, in the absence of their constituents, of the " factors " of owners
of £800 a year, together with the Sheriff and Sheriff-Substitute, and certain representatives of the burghs
within the coimty. The numbers of Commissioners of Supply vary from nine in the County of Cromarty
to 674 in the County of Lanark. (See p. xxiii. of Introduction to A Handbook to the Local Government
(Scotland) Act, 1889," by J. Badenoch Nicolson and W. J. Mure.)
68. We regard the Standing Joint Committee as an anomalous and superfluous feature in local
government administration, and there seems no good reason for its retention. We recommend therefore
that it should be abolished, thus placing County Councils in the same position as Town Councils as regards
the execution of capital works and borrowing therefor.
69. In a subsequent part of this Keport we discuss the question of the suitability of the existing
Local Authorities to carry out the duties entrusted or to be entrusted to them, and we there deal
with the duties of Local and Central Authorities and recommend a combination of administrative areas
where in the opinion of the Central Authority this seems desirable in the interests of Public Health and
Housing. (See Chapter XXXIII.)
In Burghs.
70. In Burghs the Local Authority for housing purposes is the Town Council. There are 203 burghs
in Scotland. They vary considerably in size. The smallest burgh (Earlsferry) has a population of 322.
There are 18 burghs under 1000 population ; 132 with a population less than 5000 ; 160 with a population
less than 10,000, and 179 with a population less than 20,000. There are 17 burghs with populations
between 20,000 and 50,000; 3 with populations between 50,000 and 100,000, viz. Greenock 75,140,
Leith 80,488, and Paisley 84,455 ; and 4 burghs over 100,000 population, viz. Aberdeen 163,891, Dundee
176,351, Edinburgh 320,318, and Glasgow 1,008,487. Each burgh is a separate authority for housing
purposes and also a separate rating and borrowing authority. The valuations of burghs naturally vary
very widely- -from £1605 in the case of the lowest (New Galloway) to £7,553,601 in the case of the highest,
viz. Glasgow. (See Keturn prepared by Local Government Board for Scotland, Cd. 7992, 1915.)
71. In burghs where there is a Dean of Guild Court, that body, as already stated, takes the place,
and exercises the powers, of the Town Council in regard to the erection, etc., of buildings. Burghs that
have not a Dean of Guild Court are empowered by the Burgh Police (Scotland) Act, 1892, to establish
such a Court.
72. Our remarks in Paragraph 69 above with reference to County Local Authorities and areas
apply also to Burghal Authorities and areas. (See Chapter XXXIII.)
(c) Officials of Local Authorities.
73. The following are the officials specially concerned with housing who fall to be appointed by the
various Local Authorities.
In Counties every County Council must appoint a Medical Officer or Medical Officers and a Sanitary
Inspector or Sanitary Inspectors, who cannot hold any other appointment or engage in private practice
or employment without express written consent of the Council. These officers cannot be removed from
office except with the sanction of the Local Government Board. The statute, however, does not, subject
as after mentioned in regard to sanitary inspectors, require the approval of the Local Government Board
to the appointments.
The Medical Officer must be a registered medical practitioner, and, if appointed after 1st January
1893, must, where the population of the county is 30,000 or upwards, possess a diploma in sanitary science,
public health, or State medicine.
No specific qualifications are laid down for the' Sanitary Inspector appointed by the County Council,
except to the extent that a person cannot be appointed to that post — except with consent of the
Local Government Board — if he has not during the three consecutive years preceding his appointment
been the sanitary inspector of a Local Authority under the Pubhc Health Acts, as already defined (see
Paragraphs 64 and 70).
74. In County Districts and in Burghs the Local Authorities must hkewise appoint a Medical
Officer or Medical Officers and a Sanitary Inspector or Sanitary Inspectors. The Sanitary Inspector
acts also as Inspector of Common Lodging-Houses. The Local Authority must frame Regulations to
be approved by the Local Government Board for regulating the duties of these officers. The Local
Authority must allow these officials " a proper salary or remuneration," but that term is not defined.
In many cases the salaries are as a matter of fact " very diminutive." (Macpherson, 2 (36).) These
REPORT. 13
officers cannot be removed from office except by, or with the sanction of, the Lucal Government
Board. The statute, however, does not require the approval of the Local Government Board to the
appointments.
The Medical Officer must be a registered medical practitioner, and, whatever the population of the
Local Authority's area, must possess a diploma in sanitary science, public health, or State medicine.
No quaUfications are laid down by statute for the Sanitary Inspector.
75. In most coimties the Comity Medical Officer and Sanitary Inspector act as Medical Officer
and Sanitary Inspector respectively for the districts in the county, and, in addition, they act as Medical
Officer and Sanitary Inspector respectively for many of the smaller burghs in the county. In this
way the districts and burghs secure the advantages of an official who devotes his whole time to public
health work. (Macpherson, 2 (26).) Such joint arrangements are volimtary, and there is no power to
require combinations for the making of such joint appointments.
76. A grant-in-aid of the cost of all Medical Officers and Sanitary Inspectors is given by the State,
the sum of £15,000 being set aside yearly for this purpose under the provisions of the Local Taxation
(Customs and Excise) Act, 1890. The money is distributed to County Councils and Local Authorities
in accordance with regulations framed by the Secretary for Scotland. In order to enable these authorities
to participate in the grant, the salaries and qualifications of the officers musb be approved byj^thc
Secretary for Scotland on the recommendation of the Local Government Board. Since the grant was
first instituted, the number of officers and the scales of salaries have increased considerably owing to the
additional work thrown on the officers, with the result that, whereas the rate per £ of distribution of
the grant was 10s. 3|d. in 1892, it had fallen to 5s. 9d. in 1911. (Macpherson, 2 (22).) We discuss
in a later chapter the question of State assistance towards the public health expenditure of Local
Authorities.
77. In Burghs, in addition to the appointment of a Medical Officer and Sanitary Inspector, Town
Councils must appoint a Burgh Surveyor, being a person duly quahfied to act as a surveyor of the paving
and drainage and other worJis authorised undeivthe provisions of the Burgh Police Acts. They may
also appoint an Inspector of Cleansing and of Lighting, and a Master of Works in connection with the
Dean of Guild Court. The duties of the last-named official (who may be the Burgh Surveyor) are to report
to the Dean of Guild Court upon all plans lodged, to see that the orders of the Court are carried out, to
inspect works in progress, and to report deviations from approved plans, etc. (JVIacpherson, 2 (32).)
The Master of Works and Burgh Surveyor must not be connected directly or indirectly with, or interested
in, any contract or works belonging to any branch of the building trade. None of these officials [i.e.
Burgh Surveyor, Master of W^orks, Inspector of Cleansing and Lighting) has security of tenure of office.
(Macpherson, 2 (33) (34).) These offices — ^all or any — ^may be, and often are, combined with the office
of Sanitary Inspector, thus enabling a Town Council to offer a salary that will attract a competent man.
(Macpherson, 2 (31).)
78. Under the Ilousing Acts the Local Authority are bound^to designate an officer — who may or
may not be the Medical Officer of Health, Sanitary Inspector, or Burgh Surveyor — to carry out a thorough
and periodical inspection of the dwelling-houses in the Local Authority's jurisdiction.
79. On a survey of the conditions of appointment and tenure of office of the officials of Local
Authorities, it appears to us that certain amendments of the existing statutes are required in the
interests of good administration.
80. Medical Officers and Sanitary Inspectors. — It has been strongly pressed by some witnesses that
the security of tenure of office provided by the Acts to Medical Officers of Health and Sanitary Inspectors
is not sufficient to prevent injustice being done to an official. They hold that Local Authorities, without
attempting to dismiss an officer who had incurred their displeasure by being too efficient or energetic
in dealing with insanitary property, can virtually secure his removal by declining to gi-ant him any in-
crease in salary however long he may continue to serve the Local Authority. These witnesses accord-
ingly suggested that all Medical Officers and Sanitary Inspectors should be Government officials outwith
the control of Local Authorities. (M'Laurin, 18,364 (8), 18,542-3; M'Robei-ts, 26,604; M'KerreU,
26,846, 26,661 (67), 26,712, 26,843 ; Gibb, 26,598, etc. etc.) We do not agree with this suggestion. It is
essential to promote and maintain the sense of responsibility and interest in housing acfiuinistration in
all Local Government areas ; and on this ground we hold that no sufficient reason has been brought
forward why the existing system of administration, whereby the Local Authorities appoint the officials
who are to assist and advise them in carrying out their statutory duties, should be so radically altered.
We think, however, that some more effective control should be exercisable by the Local Government
Board over the salaries paid to Medical Officers of Health and Sanitaiy Inspectors, and accordingly
we recommend that the salaries should be subject to approval of the Board, and that the Local Authority
should be required to pay such a salary as the Board may from time to time consider adequate.
81. We further recommend that the Board should be empowered to prescribe the qualifications
necessary for the holders of these offices, and that the appointments to these offices should be subject
to the approval of the Board. (Macpherson, 11.)
As has been stated. Local Authorities may and do ari'ange for the joint appointment of Medical
Officers of Health and Sanitary Inspectors in order to secure the services of whole-time officials, and we
heartily approve of such arrangements. It seems to us desirable that in the interests of effective adminis-
tration such officials should devote al! their time to their public duties. It is not to be expected that,
where an official is in private business in the area in which he is also officially employed, he can carry
out effectively many of the duties devolving on him — duties which may conffict with his private interesta.
Further, the salary that a Local Authority can offer is often not sufficient to induce a man of experience
to accept' the post. Accordingly, it seems to us essential that where a Local Authority are financially
unable to employ a whole-time officer, they should combine with adjoining Local Authorities for this
purpose. The arrangements we refer to above are presently made voluntarily, and we recommend that
the Local Government Board should be empowered to require such combinations wherever they see fit.
(Macpherson, 14.) There may be a few instances where the part-time appointment should, for local
reasons, continue, but, as a general rule, we consider thai Medical Officers of Health and Sanitary In-
14 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
spectors should be excluisively employed on public health and housing work, including in these terms
cognate work, such as that of School Medical Officer in the case of the Medical Officer of Health, and
that of Burgh Surveyor in the case of the Sanitary Inspector.
82. Burgh Surveyors, Burgh Engineers, Masters of Wmks, Town-Planning Engineers. — The
above remarks and recommendations apply to Medical Officers of Health and Sanitary Inspectors.
In burghs, however, the Burgh Surveyors are also important officials so far as housing and other public
health matters are concerned. As has already been pointed out, they have no security of tenure of
office. They hold their appointments during the pleasure of the Town Council. Their work is very
largely connected with housing, and it seems reasonable that they should have the same security of tenure
of office as Medical Officers of Health and Sanitary Inspectors. Such security clearly tends to firm
and impartial administration, more especially where, as often happens, the Burgh Surveyor holds the
post of Sanitarj' Inspector. (Macpherson, 2 (34) (492) (28).) If he is deprived of his post as Burgh Sur-
veyor, he will of necessity be compelled to vacate the office of Sanitary Inspector (the salary attached
to the latter office being insufficient of itself to warrant his retaining the post). The Local Authority
could virtually nullify the security of tenure of the office of Sanitary Inspector provided by statute by
depriving the man of his post as I3urgh Surveyor.
We therefore recommend that conditions similar to those we propose for Medical Officers of Health
and Sanitary Inspectors should apply to Burgh Engineers, Burgh Surveyors, Masters of Works, and
Town-Planning Engineers, viz. that their appointments and salaries should be subject to the approval
of the Local Government Board ; that they should not be removable from office except by or with the
sanction of the Board, and that the Board should have power to require combinations of Local
Authorities for the appointment of such officers.
SUMMABY OF RECOMMENDATIONS AND SUGGESTIONS IN CHAPTER IV.
(1) That the fimds of the Public Works Loan Board should be so increased as to enable loans for
all purposes of the Housing Acts to be granted. (Paragraph 63 (a).)
(2) That the Local Government Board should be consulted and their advice obtained by the
Public Works Loan Board before the latter department grant a loan for housing purposes to a public
utihty society, pubhc company, or private person. (Paragraph 63 {b).)
(3) That the Standing Joint Committee in counties should be abolished. (Paragraph 68.)
(4) That the salaries of Medical Officers of Health and Sanitary Inspectors should be subject to the
approval of the Local Government Board, and Local Authorities should be required to pay to these
officers such salaries as the Board consider adequate. (Paragraph 80.)
(5) That the Local Goverimient Board should be empowered to prescribe the qualifications for the
holders of the offices of Medical Officers of Health and Sanitary Inspectors, and the appointments
should be subject to the approval of the Board. (Paragraph 8L)
(6) That the Local Government Board should be empowered to require combinations of Local
Authorities for the purpose of making joint appointments of Medical Officers of Health and Sanitary
Inspectors. (Paragraph 8L)
(7) That the appointments and salaries of Burgh Engineers, Burgh Surveyors, Masters of Works,
andjTown-Planning Engineers should be subject to the approval of the Local Government Board. These
officials should not be removable from office except by or with the sanction of the Board, and the
Board should have power to require combinations of authorities for the appointment of such officers.
(Paragraph 82.)
(8) That the Local Government Board should have powers for control of Dean of Guild Courts
in relation to sanitary matters. (Paragraph 61.)
CHAPTER V.
SUMMARY OF THE EXISTING STATUTORY POWERS IN REGARD TO HOUSING.
Introductory.
83. It seems necessary at the outset of this Report, in order to a proper imderstanding of the whole
problem of housing, to summarise as shortly as possible the existing statutory provisions dealing directly
or indirectly with that subject. These provisions are many in number and are scattered through so
many different statutes that it is a matter of some considerable difficulty to obtain any clear idea of
what is the existing legislation on the subject of housing and of public health in relation to housing.
The more importants Acts on the subject are :— Housing of the Working Classes Acts, 1890, 1900, and
1903 ; Housing, Town Planning, etc.. Act, 1909 ; Public Health (Scotland) Act, 1897 ; Burgh Pohce
(Scotland) Acts, 1892 and 1903 ; Local Government (Scotland) Acts, 1889, 1894, and 1908 ; Small
Dwellings Acquisition Act, 1899.
84. The following summary, while it does not pretend to be exhaustive, shows in fairly full outline
the statutory powers as regards the general control of housing. As will be seen, the material has been
arranged under various subject-headings, and the provisions of the various Acts dealing with these
subjects have been brought together. It is hoped that by this method a clearer idea wiU be given of
the powers than if each Act had been separately analysed.
85. This summary deals with the general law, but it may here be explained that the Burgh Police
Acts do not apply to Glasgow, Edinburgh, Dundee, Aberdeen, and Greenock, which have special local
Acts of their own regulating the construction of houses as well as sanitary matters generally. It is not
proposed to do more in this summary than refer from time to time to some of the more important pro-
REPORT. 15
visions of the local Acts. The provisions of the other Acts mentioned in the summary apply to all Local
Authorities in Scotland, unless where otherwise stated.
86. This summary has been arranged under the following heads ; —
(1) Control of Erection and of Method of Construction of Houses.
(2) Control of Provision of Water Supply.
(3) Control of Provision of Drainage.
(4) Control of Provision of Sanitary and Domestic Conveniences.
(5) Control of Provision for Scavenging and Removal of Refuse.
(6) Control of Occupajicy of Houses.
(7) Control of Construction and Repair of Private Streets and Footpaths.
(8) Control of Defective and Insanitary Houses.
(9) Control of Special Classes of Houses.
(10) Control of Unhealthy and Insanitary Areas.
(11) Provision of Houses for the Working Classes.
(12) Town Planning.
(13) Acquisition of Land (including compensation for land acquired).
(14) Provisions as to. Assessment and Borrowing.
(1) Control of Erection and of Method of Construction of Houses.
87. The statutory provisions dealing with the control of the erection of houses are different m
coimties from those that apply in burghs, and accordingly it will be necessary to deal with this subject
under these two heads.
(a) Erection of Houses in Counties.
88. Prior to the coming into operation of the Public Health (Scotland) Act, 1897, on Ist January
1898, Local Authorities in counties had no control over the erection of a house and could not regulate
the structure or mode of building. Their powers of control (prior to 1898) did not come into operation
until the house had been built and occupied, when they could deal with any nuisance in the house due
to overcrowding or defect of structure.
89. Building Byelaws.- — Very important new powers were, however, conferred on the Local Authori-
ties by the Public Health (Scotland) Act, 1897 (section 181), under which they were empowered, subject
to the approval of the County Council, to make byelaws for the whole or any part of their district for
regulating the building or rebuilding of houses or buildings, or the use for human habitation of any build-
ing not previously so used, or any alteration in the mode of occupancy of any existing house in such a
maimer as will increase the number of separate houses in respect to the following matters : —
(a) The drainage of the subsoil of sites for and the prevention of dampness in houses intended for
human habitation.
(b) The structure of walls, foimdations, roofs, and chimneys of new buildings in so far as likely
to affect human health.
(c) The ventilation of houses and buildings intended for human habitation.
(d) The sufficiency of the space about buildings to secm-e a free circulation of air,
(e) The construction and arrangement of the drainage of houses and buildings and of soil-pipes
and waste-pipes, and the construction and position of water-closets, earth-closets, privies, ash-pits, cess-
pools, dung-steads, slop-sinks, and rainwater pipes and rones.
(/) The production of suitable building plans in respect of the matters in this section mentioned,
and their iospection.
(g) The intimation previous to the commencement by the owner or person laying out the work to
the Local Authority of the date of the commencement, and for the due inspection in respect of the matters
in this section mentioned of houses or buildings in process of erection or alteration, and the examination
of the drains thereof, and for the pulling down, alteration, or amendment of any work which has been
carried out in contravention of the byelaws.
90. The building byelaws in force in coimty areas provide as a rule for the following matters :■ —
(a) The drainage where necessary of the subsoil before building operations are commenced and the
covering of the site with a layer of impervious material where necessary ; the provision of rones and
gutters and rainwater pipes.
(6) The provision of a suitable damp-proof course ; the ventilation of the space between surface
of ground and under level of lowest floor ; the lathing and strapping of walls (other than hollow walls).
(c) The provision of windows for ventilation ; presciibing the window area, and the construction
of the window to permit of satisfactory ventilation, the provision of special means of ventilation in
rooms without fiteplaces.
(d) The extent of open space that must be provided in the rear of a house.
(e) The methods of construction of the drains and soil and waste pipes, etc., the trapping and
ventilation of drains ; the size and quality of drain pipes ; the type and position of water-closet ; the
situation and construction of earth-closets, ash-pits, cesspools, etc.
(/) The nature of the plans to be submitted before building is commenced.
(^f) The giving of notice to the Local Authority of the proposal to commence building, the admis-
sion of oflicers of the Local Authority to the building during erection for purposes of inspection, for the
testing of drains, etc.
91. The making of these byelaws is optional on the part of Local Authorities, and only 48 out of
107 landward Local Authorities have made them.%The type of byelaws varies from the very detailed
byelaws in force in Lanarkshire to the meagre andjgeneral sets in force in some rural counties. Uidess
such byelaws are framed, a Local Authority in a county area are without any control of the mode of
16 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
i^tructuie, vcntilatiou, drainage aiiaugements, etc. (Macpherson, 2 (41).) The byelaws before comuig
into operation require the confirmation of the Local Government Board.
92. Erection of Houses on Made-up Ground.— La. addition to the above powers, the same Act (section
182) prohibits the erection of houses on ground filled up with ofiensive matter, unless and until such
matter has been removed or has been rendered or has become innocuous.
93. Control of Sites of Houses. — There is apparently no power in counties controlling the position
of a house except the provision contained in section 91 of the General Turnpike Act, which is embodied
as part of the Roads and Bridges (Scotland) Act, 1878, and which provides that no house can be erected
on the side of any turnpike road within the distance of 25 feet from the centre thereof without the con-
sent of the Road Authority. (Macpherson, 2 (188).)
94. Defects of Byelaws.— As will be shown in a later section of this Report, various suggestions have
been submitted for strengthening the powers of control of structure exercised by Local Authorities by
means of these byelaws. The matters in respect of which byelaws may be made are limited. For
example, the statute does' not give power to make byelaws providing that the approval of the Local
Authority must be obtained to the plans before building is commenced, that the sanction of the Local
Authority must be obtained before the house is occupied, and that alterations on or additions to houses
shall be carried out in accordance with the requirements of the appropriate byelaws. - Suggestions to
remedy these and other defects will be made later.
95. Power to Revoke Byelaws.— Where the Local Government Board are satisfied that the erection
of dwellings for the working classes is imreasonably impeded in consequence of any byelaws with respect
to new streets or buildings, they are given power to require the revocation of such byelaws (Housing,
Town Planning, etc., Act, 1909, section 44.) This power applies to bm-ghs as well as coimties, but as
is afterwards shown, building in burghs is not usually regulated by byelaws, but by statute and regiila-
tions, so that the above power is in effect not applicable in burghs.
(b) Erection of Houses in Burghs.
96. A'jjjrroval of Plans before Building Commenced.— A most important difference between the law
iu coimties and in burghs as to the erection of houses is that in the latter the erection of a house
cannot be begun until warrant therefor has been obtained from the Town Council or Dean of Guild
Court. This requirement applies also to an alteration in the structure, and the use for human
habitation, of any existing house or building which had not been previously used for that purpose,
to an alteration of the mode of occupancy of any existing house in such a maimer as to increase the
number of houses or occupants ; and to any alteration, addition to, or taking down, in whole or in
part, or re-erection or restoration after destruction by fire or otherwise, of the structure of any house
or building. (Macpherson, 2 (114).)
97. The appUcation for a warrant to build or to carry out any alterations must be accompanied by a
description of the intended house or alteration, and by suitable plans. Before disposing of the application,
the Town Council (or Dean of Guild Court as the case may be) must give interested parties an opportimity
of being heard on any objections the latter may have, and the Council (or Court) may decline to grant
warrant until satisfied that the plans provide suitably for stability, light, ventilation, and other sanitary
requirements. In the case of certain minor alterations warrant may be given by the Burgh Surveyor
if he has been granted authority by the Town Council (or Dean of Guild Court) to do so.
98. The above procedure is prescribed by statute and not by byelaw. An important difference
between the procedure in counties and in burghs is that, while in the former the control of structure is
confined to the matters that may be dealt with in the byelaws, iu the burghs the statutes themselves
contain numerous provisions which, apart altogether from byelaws, enable Town Councils to secure
fairly adequate control over the erection of houses.
99. Building Byelaws. — Town Councils have power under the Burgh Police (Scotland) Act, 1903
(section 93), to make byelaws deaUng with a number of matters connected with the building of
houses, e.g. : —
The drainage of the subsoil of sites.
The strength and stability of the walls, joisting, and principal timber and iron works.
The structure and form of walls, foundations, floors, hearths, staircases, stairs, stair-railings, passages,
roofs, and chimneys.
Provisions against the risk of fire.
The ventilation of and admission of light to buildings.
The construction and anangement of the drainage and of soil pipes and waste pipes, and the
construction and position of water-closets, earth-closets, privies, ashpits, cesspools, dung-steads, slop-
sinks, and rainwater pipes and rones ; and
The level, construction, causewaying, and paving of streets and footways.
100. From the fact that diuring the ten years after the passing of the Act only two sets of byelaws
imder these powers had been confirmed by the Local Government Board (Macpherson, 2 (121)), it may be
assumed that the powers of control contained in the existing Acts are regarded as generally sufiicient.
Some of these may now be referred to. The chief fegulating Act is the Burgh Police (Scotland) Act, 189?;
which came into force on 15th May 1893. The provisions of that Act after referred to apply to hous^'
erected after that date. Unless where otherwise stated, they are not retrospective. Provision is made
in the Burgh Police (Scotland) Act, 1903 (section 39), imder which the Dean of Guild Court may, upon
a report in writing by the Medical Ofiicer and Burgh Surveyor stating that adequate provision is made
for light and ventilation, and, with the consent of the Town Council, in any special case, relax or modify
the statutory provisions with regard to the erection or alteration of buildings, the open space adjoining
buildings, and the laying out of streets.
101. Site of Houses. — Approval is not required to the actual position of a house proposed to be
erected, but the provisions of the General Turnpike Act already referred to apply to burghs. As regards
the preparation of the site for building, power is given to the Town Council to require, if necessary, that
REPORT. • 17
the whole internal area of the site shall be covered with a layer of asphalt, cement, concrete, or suitable
materials to their satisfaction. (Rule (2) of Schedule IV. of the Burgh Police (Scotland) Act, 1892.)
The Act (section 179) also prevents building on ground filled up with offensive matter.
102. Structure and Materials. — In addition to the general power already mentioned under which the
To\vn Coimcil may decline to grant a warrant for building until they are satisfied that the plans provide
suitably for stability, more detailed powers are conferred on them by Schedule IV. of the Burgh Police
(Scotland) Act, 1892. In terms of the rules contained in that schedule, every new house must have
a damp-proof course of durable material ; the walls, joisting, and principal timber and iron work must
be of sufficient strength and stability ; the walls must be constructed so as to prevent damp ; the rones
and rainwater pipes must be provided ; the floors between each flat of a tenement must be deafened ;
the plimaber work must be ventilated, trapped, and otherwise constructed and tested to the satisfaction
of the Town Council. Provision is also made dealing with plaster work, the construction of fireplaces
and chimneys, the covering of roofs, the composition of mortar, etc. These rules may be altered or
supplemented by the byelaws that, as already stated, may be framed under the 1903 Act.
103. Cubic Space in Houses. — This is not regulated except to the extent that where a Town Council
have adopted section 66 of the Burgh Police Act, 1903, no dwelling-house shall be constructed or altered
of less dimensions than the following : — ■
Houses of 1 apartment, 1000 cubic feet.
„ 2 apartments, 1600 „
3 „ 2400
A similar provision exists in the Edinburgh Local Act of 1893. (Horsburgh Campbell, 18,745 (9) {j).)
There is a provision in the Aberdeen local Act of 1907 to the effect that every new habitable room must
have a cubic content of not less than 600 cubic feet. (Matthew Hay, 41,334 (139) (2), (160).)
104. Height of Houses.- — In counties, apart from any provision that may be inserted in a town-planning
scheme under the powers after referred to, there is no power to limit the height of houses. In burghs,
however, there are specific provisions which enable some limitation to be imposed. The tenement system
of housing is more common in the burghs than in the county areas, and special provision is made in the
Burgh Police (Scotland) Act, 1892 (section 171), whereby the number of houses entering off an inside
common stair must not, except with the authority of the Town Council, exceed twelve in the case of
tenements erected after May 1893, the date when the Act came into operation ; in the case of an outside
stair with balconies the number may be increased to twenty-foui-. (Macpherson, 2 (127).) Under a
local Act of 1913 applying to Edinburgh, the number of houses entering off a common stair is limited
to nine in the case of an inside stair and twelve when the stair is outside. (Horsburgh Campbell, 18,745
(9)(/).)
105. In addition to this general power of regulating the height of tenements in burghs by limiting
the number of houses in common stairs, there is also a provision that where a dwelling-house is built
in any street formed or laid out since May 1893 in a burgh to which the Burgh Police Act of 1892 applies,
the height of the dwelling-house must not exceed one and a quarter times the width of the street which,
including the foot-pavements, must be at least 36 feet wide. The Town Council may, however, in excep-
tional circumstances allow a greater height. Where a lane is formed, it may be made 12^ feet wide,
or such other width as the Town Council may allow, and where a house is built fronting such a lane,
the height of the house must not exceed one and a half times the width of the lane. (Section 152 of the
1892 Act.) Where a Town Council adopt section 61 of the Burgh Police Act, 1903, the above provisions
are amended to the extent that the minimum width of new streets must be 60 feet, and lanes may be
made 15 feet wide, but the heights of houses in proportion to these widths remain the same. The
Edinburgh Local Act of 1906 provides that houses shall not be erected in any new street of a greater
height than the width of the street measuring from building line to building line, but in any case such
houses cannot be higher than 60 feet without the consent of the Corporation. (Horsburgh Campbell,
18,745 (9) {g).)
106. Height of Rooms in Houses. — Rooms on the ground floor must be at least 9 feet 6 inches
in height ; other rooms must be 9 feet at least in height, except attic rooms, which must be at least 8 feet
in height, through not less than one-third of the area of the room, and must at no part be less than 3 feet
in height. (Macpherson, 2 (128).) In Edinburgh by the Local Act of 1891 the rooms in new houses must
be not less than 9 feet high, except attic rooms, which must be at least 8 feet through not less than one-
third of the area of the room, but must at no part be less than 4 feet. (Horsburgh Campbell, 18,745 (9) (h).)
107. Lighting and Ventilation of Houses. — The rooms of every house erected since May 1893 in a
burgh to which the Burgh Police Act of 1892 applies must be sufficiently lighted and ventilated from an
adjoining street, or other open space directly attached thereto, equal to at least three-foiirths of the area
to be occupied by the house. (Section 170 of that Act.) The open space must not have on it any other
erections than ' xter-closets, ashpits, coal-houses, or other conveniences, the height, position, and dimension
of which are subject to the approval of the Town Council. Town Councils may, however, by adopting
section 63 of the Burgh PoHce Act, 1903, secure more effective lighting and ventilation. Under that
section the open space at the rear of the house must be equal in breadth at the narrowest part to the
height of the building, and must extend along the whole length of the back of the house. The open space
may contain the water-closets, and other conveniences attached to the house. The height of these
conveniences must not exceed 15 feet, and their position and dimensions are determined by the Dean
of Guild Court.
108. Where houses are erected so as to entirely enclose an area of ground of less than an acre,
Town Councils have power, by adopting section 69 of the Burgh Police (Scotland) Act, 1903, to require
the provision of openings for the purpose of securing through ventilation of the enclosed space.
109. Lighting and Ventilation of Rooms in Houses. — Differing from counties where there is no specific
requirement as to lighting of houses, the Burgh Police (Scotland) Act, 1892 (section 173), requires that
every habitable room must have at least one window ; the area of glass must be at least one-tenth of
the area of the room ; the top of at least one window must be not less than 7 feet 6 inches above
2
18 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
the floor ; the upper half of sash windows must be made to open the full width, while in the case of a
casement window one-half at least must be made to open.
110. Every habitable room of less area than 100 superficial feet and without a fireplace must be
provided with special means of ventilation. This applies to rooms built after 15th May 1893, but the
Town Council have power to require ventilation to their satisfaction to be provided in houses erected
before that date. (Burgh Police (Scotland) Act, 1892, sections 183 and 184.)
111. Special powers, which, however, require to be adopted before they can become operative, are
conferred on Town Councils by the Burgh Police (Scotland) Act, 1903, whereby further control of the
ventilation of rooms in houses may be exercised. That Act (section 64) provides that, subject to certain
exceptions (which need not here be detailed), there must be in front of at least one-half of every window
of a room used as a sleeping apartment an open space of a breadth equal to at least three-fourths of the
height of the wall in which the window is placed.
112. Ventilation of Bed-Recesses.- — Up to the time of the passing of the Burgh Police (Scotland) Act,
1903, no power existed in burghs to secure the proper ventilation of what are known as enclosed beds
or bed-recesses. Owing to the difficulty of thoroughly ventilating these places, they have not been
regarded as satisfactory sleeping apartments, and accordingly the Act just named (section 65) enacted
that all new enclosed beds or bed-recesses must be open for three-fourths of their length, and that when
a house was subdivided any such beds or bed-recesses in it must be similarly opened up. This section,
however, is not of general application, and becomes operative only when it has been adopted by a Town
Council. In Edinburgh under a local Act similar powers are given as regards enclosed beds or bed-
recesses in new houses, but in addition the Dean of Guild Court are empowered to require existing enclosed
beds or bed-recesses to be similarly opened in front. (Horsburgh Campbell, 18,745 (9) (e).) In Glasgow
the continuance of such beds in existing houses was, by the Glasgow Building Regulations Act of 1900,
made illegal on the expiry of five years from the passing of that Act, unless they were opened up in front
for three-fourths of their length. (Lindsay, 23,235 (56).)
(2) Control of Provision of Water Supply.
(a) Provision of a General Supply in Counties.
113. Local Authorities of county areas are empowered, if they think it expedient, to provide a supply
of water for the domestic use of the inhabitants and for sanitary and other purposes. (Public Health
(Scotland) Act, 1897, section 126.) Although the words of the Act are permissive, the Local Government
Board would apparently have power, in cases where a Local Authority failed to provide a water supply
that was required, to ask the Court of Session under the general powers already mentioned to order the
Local Authority to provide the necessary supply. (See note 2 on p. 177of Handbook of Public Health.)
114. Special Water Supply Districts.- — Only a few county Local Authorities have provided a general
water scheme for the whole of their area. The practice hitherto has been to provide separate supplies
for the places where there is a considerable number of inhabitants for whom a general public scheme
is desirable. Such places for this purpose are formed into what are known as Special Water Supply
Districts, of which 392 have been formed in Scotland. A requisition to the Local Authority to form
such a district may be made by a Parish Coimcil or by not fewer than ten ratepayers, or the Local
Authority themselves without any requisition may resolve to form a special district. The resolution
of the Local Authority may be appealed against to the Sheriff. There is no obligation on the Local
Authority to bring their water main within any specified distance of a dwelling-house. The whole cost
and maintenance of the scheme in these special districts are defrayed by the ratepayers therein. (Mac-
pherson, 2 (47).)
115. Where a special district is not formed and a Local Authority provide a supply of water for any
place within their area, the cost is defrayed by the ratepayers of the whole area of the Local Authority
(other than those in special water supply districts) out of what is termed the Public Health General
Assessment. (See Macpherson, 2 (48).)
(b) Provision of a General Supply in Burghs.
116. A Town Council have full powers to provide a water supply for the burgh either under the
Burgh Police (Scotland) Act, 1892, or under the Public Health (Scotland) Act, 1897, as applied by the
Burgh Sewerage, Drainage and Water Supply (Scotland) Act, 1901. There are, however, no Special
Water Supply Districts in burghs. (Macpherson, 2 (137).)
(c) Provision of a Water Supply to Individual Houses in Counties.
117. There is no provision in the Public Health Act enabling a Local Authority to require the intro-
duction of water into a house. All that a Local Authority can do is to serve a notice on the owner
requiring him to provide a proper supply of wholesome water at or reasonably near the house. There is
no definition of what a reasonable distance is, and in consequence administrative difiiculties often arise
in taking action under this general power. The owner is allow(jd twelve months within which to provide
the necessary supply ; no penalty is attached if he fails to do so within that period, but the Local Authority
themselves may provide the supply and recover the cost from the owner. The owner has the right of
appeal to the Sheriff against the exercise by the Local Authority of any of these powers. (Macpherson,
2 (43)-(45).) See also Whyte, 36,834 (27-29).)
118. Where any well or water supply is injurious or dangerous to health, it is to be regarded as a
nuisance, and the Local Authority may take action either to close the well or to secure improvement of
the supply. This applies both to county and burgh areas. (Public Health (Scotland) Act, 1897,
section 16 (3).)
REPORT. 19
(d) Provision of a Water Supply to Individual Hotises in Burghs.
119. In burghs, on the other hand, Town Councils have power to require an owner to introduce
water to his house within a month after notice served on him. (Burgh PoHce Act, 1892, section 246.)
If the owner fails to comply with the notice of the Town Council, he is liable to a penalty not exceeding
40s., and to a further penalty not exceeding 5s. for each day during which such non-compliance continues.
(Burgh Police Act, 1903, section 24.) In addition, the Town Council may cause the work to be done and
recover the expense from the owner ; or the occupier of the premises, with the approval of the Town
Council, may carry out the work and deduct the expense out of the rent paid to the owner. (Burgh
Police Act, ] 892, sections 327 and 328.) The owner has the right of appeal to the Sheriff or to the Court
of Session against any requirements of the Town Council under these powers. (Burgh Police Act, 1892,
section 339.)
(3) Control op Provision of Drainage.
(a) Provision of a General Scheme in Counties.
120. Local Authorities of county areas are empowered to provide such sewers as they think necessary
for keeping their district properly cleansed and drained. (Pubhc Health Act, section 103.) As in the
case of a water scheme, the Local Government Board would appear to have power to compel where
necessary the provision of a drainage scheme.
121. Special Drainage Districts. — -The Local Authority have power to form Special Drainage Dis-
tricts, and the remarks above as to the formation, etc., of Special Water Supply Districts apply. 319 of
these districts have been formed. There is no obligation on a Local Authority to bring a sewer within
any specified distance of a house.
122. The Local Authority have also power to carry out drainage works for any particular portion
of their district and to charge the cost to the Public Health General Assessment. This power enables a
drainage scheme to be provided at the cost of the whole area of the Local Authority (other than special
drainage districts) for any place in that area that is too poor to provide such a scheme for itself.
(Macpherson, 2 (51)-(54).)
123. In addition to the above powers. Local Authorities may lay down a sewer to replace any foul
ditch or drain into which sewage from houses is discharged, and may recover from the owners of the
premises draining into the sewer the cost of making and maintaining it. (Public Health Act, section
28.) This procedure will suit cases where the works that are necessary are not such as to warrant the
formation of a Special Drainage District, and where a larger scheme is not required.
(b) Provision of a General Scheme in Burghs.
124. A Town Council are bound to make such sewers as are necessary for the efEectual draining of
the burgh. (Burgh Police Act, 1892, section 219.) Although, as a general rule, a burgh forms one drainage
district, there may be within it separate drainage districts. (Burgh Police Act, 1892, section 218.)
(c) Provision of Drainage to Individtial Houses in Counties.
125. If any house in any part of the district of a Local Authority is without a drain, or without such
drain as is sufficient for efEectual drainage, the Local Authority may require the owner within a reason-
able time to drain his premises into a sewer of the Local Authority if there is one within 100 yards of the
site of the premises. If there is no such sewer within that distance, then the drain must be taken to a
covered cesspool or other place as the Local Authority may direct. If the owner fails to comply with
the request of the Local Authority, the latter may do the work required and recover the expenses from
the owner. (Macpherson, 2 (50).)
126. Where a Local Authority have framed byelaws for buildings under section 181 of the Public
Health (Scotland) Act, 1897, they will be able by means of the byelaws framed under subhead (e) of that
section to regulate the construction and arrangement of anj' drains or cesspools that may be provided.
The general statute requires that the drains must be sufficiently trapped and ventilated to the satis-
faction of the Local Authority (Public Health (Scotland) Act, 1897, section 115) ; but otherwise in the
absence of byelaws the Local Authority have no control and would not be able to interfere until the drain
or cesspool when in use was so foul or in such a state or so situated as to be a nuisance or injurious or
dangerous to health. When that state of matters arose, the Local Authority could take steps for the
removal of the nuisance. (Public Health (Scotland) Act, 1897, section 16 (2).)
(d) Provision of Drainage to Individual Houses in Burghs.
127. A similar provision exists in burghs to that in county areas whereby the owner of a house can
be required to provide proper drainage for it. In addition, no new house may be built upon a lower level
than will allow the drainage to fall into an existing of proposed sewer. If there is a sewer within 100
yards of the intended house, the drainage must be connected up with it ; if there is no sewer within that
distance, then the drainage must be led into a covered cesspool or other place as the Town Council
direct.
128. A cesspool provided under these powers must not be within 100 feet of any dwelling-house, or
within 200 feet of any well or spring of water, without the consent of the Town Council. (Macpherson,
2 (140).) Further, the cesspool must not be placed under any dwelling-house or other occupied building,
and must be constructed and kept in complete repair to the satisfaction of the Council. When a sewer is
provided within 100 yards of the house, the drainage of the house must be connected up with it, and
the cesspool done away with. (Macpherson, 2 (140).) There is also a general power given by the Burgh
20 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Police Act, 1892 (section 252), under which cesspools are not to be allowed except when unavoidable, in
which event they must be constructed in such situation and in such manner and under such conditions
as the Town Council direct. Further, where a Town Council adopt section 93 of the Burgh Police Act
of 1903, they have power by means of byelaws framed under subsection (10) thereof to regulate the
construction and position of cesspools ; while under section 316 B. (2) of the 13urgh Police Act of 1892
there is power to make byelaws for removing the contents of cesspools and for preventing any cesspool
from being a nuisance or annoyance. Under another provision of the latter Act (section 242), cesspools
must be kept in proper order at the cost of the owner of the premises. Yet another power is that con-
tained in the Public Health (Scotland) Act, 1897 (section 16 (2)), already referred to, whereby a cesspool
so foul or in such a state or so situated as to be a nuisance or injurious or dangerous to health may be
dealt with as a nuisance under that Act.
129. There are provisions in the Burgh Police Acts (which it seems unnecessary to detail) re-
quiring drains to be properly ventilated and trapped and enabling the Town Council to prescribe the
materials, size, level, and fall of house drains, and to secure that drains are kept in proper order. More
specific requirements can be laid down by means of byelaws framed under section 93 of the Burgh Police
Act of 1903 already referred to for regulating the construction and arrangement of the drainage of
buildings and of the soil pipes and waste pipes.
(4) Control of Provision of Sanitary and Domestic Conveniences.
130. By the term " sanitary convenience " we mean water-closets, earth-closets, privies, ashpits,
sculleries, washhouses, and baths, and included under " domestic conveniences " are larders, and coal-
sheds or cellars. The presence or absence of these in or in connection with a house materially afEects
the health, comfort, and convenience of the inmates ; and, as will be seen from a perusal of later sections
of this Report, many of the houses in Scotland are sadly lacking in these conveniences.
(a) Water-Chsets, Earth-Closets, and Primes.
131. In County Districts the powers of Local Authorities under this head are meagre. There is no
general provision empowering them to require a water-closet, earth-closet, or privy to be provided for
a house. Under the former Public Health Act (that of 1867, which was repealed by the present Act of
1897) the want of suitable water-closet or privy accommodation in connection with a house was deemed
to be a nuisance within the meaning of that Act, in respect of which the Local Authority could take pro-
ceedings to enforce the provision of that accommodation. The present Act, however (section 16 (1)),
merely provides that any premises or part thereof of such a construction or in such a state as to be a
nuisance or injurious or dangerous to health shall be deemed to be a nuisance liable to be dealt with under
the Act. It is apparently open to doubt whether this more general provision would empower a Local
Authority to require a water-closet or earth-closet or privy to be provided. It would probably.be
extremely difficult to prove that the absence of such a convenience constituted the house a nuisance or
injurious or dangerous to health. Local Authorities in county areas generally have evidently felt this
difficulty and have been averse from instituting legal proceedings against the owner of a house where
a convenience of this nature was awanting. In one district, however (Middle Ward of Lanarkshire),
proceedings have been taken for the removal of a nuisance caused by defective privies, and the Sheriff's
interlocutor seemed to indicate that reconstruction of the privies would not be sufficient to remove the
nuisance and that proper water-closet accommodation would have to be provided. This point is re-
ferred to in the Chapters on Occupancy (X.) and Mining (XIV.). (See Macpherson, 2 (486), and Whjd;e,
36,834 (38).)
132. In this connection it ma};- be pointed out that in special scavenging districts the Local Authority
may adopt section 255 of the Burgh Police Act, 1892, under which they would have power, in cases where
a privy was certified by the Medical Officer of Health to be prejudicial to health, of defective construction,
or without drainage, or in a bad state of repair, or to be so situate that the removal of filth or refuse
therefrom is prejudicial to health, to require the owner to remove the privy or to convert it into a water-
closet or earth-closet, or to reconstruct, alter, or repair it. (Local Government (Scotland) Act, 1894,
section 44 (1) (6).)
133. Although, as stated, the Local Authority have no specific power to require the provision of a
water-closet, earth-closet, or privy for a dwelHng-house, they have power by means of the building
byelaws under section 181 of the Public Health (Scotland) Act, 1897, to say in cases where such a con-
venience is being provided how it is to be provided and where it is to be placed.
134. Definite power is however conferred on the Local Authority whereby they can compel the
provision of water-closets or privies in schoolhouses, factories, and buildings in which persons are em-
ployed. They may also themselves provide public water-closets, etc. In addition, they may require
by means of byelaws the provision of water-closet or privy accommodation in houses let in lodgings and
common lodging-houses. (Macpherson, 2 (59) (61).)
135. In Burghs the Town Council are invested with quite definite powers. They may require the
owner of every house or part of a house occupied by a separate family 'to provide therefor, wherever
practicable, a sufficient water-closet. If the Town Council are of opinion that it is not advisable to
introduce water-closets into each house or part of a house, they may require to be provided in some
convenient place a sufficient number of water-closets for the separate use of each sex. Where, for any
reason, it is not practicable or expedient to provide water-closets, a sufficient earth-closet may be
required to be provided.
136. The situation, dimensions, materials, and construction of every water-closet, or earth-closet
and privy must be approved by the Town Council, and every water-closet, earth-closet, or privy con-
structed after the passing of the Burgh Pohce Act of 1892 must be placed in such a position that one of
the sides shall be an external wall, with a window therein, containing an area of at least six superficial
feet, one-half of which shall be made to open. The Act of 1903 (section 93 (10)) in addition gives
REPORT. 21
power to make byelaws for regulating the construction and position of water-closets, earth-closets,
and privies.
137. Reference has already been made to the powers under section 255 of the Burgh Police Act
of 1892 for the conversion of privies into water-closets. The Town Council may also provide public
water-closets or earth-closets. (Macpherson, 2 (142)-(147).)
(b) Ashpits.
138. In Counties there is no power to reqtiire the provision of an ashpit for a house other than for
a common lodging-house, which may be required by means of byelaws under section 92 of the Public
Health Act. The Local Authority have power to provide public ashpits. Where, however, ashpits
are being provided for houses, the Local Authority may regulate their construction and position by
means of byelaws imder section 181 (1) (e) of the Public Health Act.
139. Where a Special Scavenging District is formed, and in doing so the Local Authority adopt section
253 of the Burgh Police Act of 1892, the situation, dimensions, drainage, materials, mode of access, and
construction of every ashpit must be subject to the approval of the Local Authority, even though bye-
laws imder section 181 of the Public Health Act have not been framed.
140. Where there is a daily system of refuse removal in operation in a Special Scavenging District,
and the Local Authority in forming the district have adopted section 109 of the Burgh Police Act, 1892,
they may direct any ashpit in the special district to be shut up or removed. The Local Authority in the
case of defective ashpits in such special districts have also power to secure the remedy of the defects.
(Burgh Police Act, 1892, section 255.) Further, any ashpit so foul or in such a state or so situated as
to be a nuisance or injurious or dangerous to health may be dealt with as a nuisance under the Public
Health Act (section 16 (2)).
141. In Burghs the provisions of the Burgh Police Act, 1892, and of sections 16 (2) and 92 of the
Public Health Act referred to above apply, but in addition a Town Council have power to require the
owner of a house to provide a sufficient fixed or movable receptacle for rubbish. (Burgh Police Act,
1903, section 23.) The construction and position of ashpits in burghs may also be regulated by means
of byelaws framed under section 93 (10) of the Burgh Police Act, 1903, while byelaws may be framed
under the 1892 Act (section 316 B. (2)) for the removal of the contents of ashpits and for preventing
an ashpit from being a nuisance or annoyance.
(c) Sculleries, Washhouses, Baths, Larders, Coalsheds.
142. There does not appear to be any power either in counties or in burghs that would enable a
Local Authority to require these conveniences to be provided for any house. A Town Council, however,
have power to provide public baths and washhouses and public drjnng-grounds for the use of the inhabit-
ants of the burgh. (Burgh Police Act, 1892, section 309.) This power is also available to Local
Authorities in coimty areas by the formation of a special district for the purpose, (Local Government
(Scotland) Act, 1894, section 44 (1) (c)), but, as will be pointed out later (Paragraph 144), such a special
district can be formed only if a requisition to form is first received by the Local Authority from a Parish
Council or from ten parish electors.
(5) Control of Provision for Scavenging and Removal of Refuse.
143. Having given above a summary of the statutes in regard to the provision of sanitary and
domestic conveniences, it may now be well to indicate briefly the powers in regard to the removal of
house refuse.
(a) In Counties — Special Scavenging Districts.
144. Local Authorities in county areas have no effective powers to secure proper scavenging until
they have formed a Special Scavenging District. Such a district cannot be formed by the Local Authority
themselves on their own initiative, as in the cise of Special Water Supply and Drainage Districts, but
they must first be requisitioned to do so by a Parish Council or by not less than ten parish electors.
(A similar requisition is necessary before special districts for lighting or for the proxasion of public
baths and washhouses can be formed.) The resolution of the Local Authority is appealable to
the Sheriff. In forming a Special Scavenging District the Local Authority may adopt sections
107-127 of the Burgh Police (Scotland) Act, 1892, or any one or more of them. These sections deal
with the removal of refuse in burghs. Li applying them (see summary in Paragraph 145) to the district
of a county Local Authority, the expression " District Committee " is of course substituted for " Town
Council." This power to form such a district has been found of great service, as it enables the Local
Authority of a district in which there may be populous villages to secure satisfactory removal of refuse.
172 such districts have been formed. (Macpherson, 2 (63).)
(b) In Burghs.
145. Under the provisions of sections 107-127 above referred to, the Town Council may arrange for
a daily collection of house refuse, the occupiers of houses being required to place the refuse in a suitable
box outside their premises. The Council are also responsible for the sweeping, cleansing, and watering
of the streets, including the foot pavements, and they have power to provide places for the deposit,
treatment, and disposal of the burgh refuse. They may also make byelaws for dealuig with the scavenging
of the burgh.
(6) Control op Occupancy of Houses.
146. Having reviewed the terms of the statutes dealing with the erection of houses and the pro-
vision of water, drainage, and sanitary and domestic conveniences, we now propose to give a summary
22 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
of the law controlling the occupancy of houses. At the outset it may be explained that in burghs no
new house can be occupied until a certificate has been given by the Burgh Surveyor to the effect that the
house is fit for occupation. (Burgh Police Act, 1892, section 180.) No similar power exists in counties.
(a) Overcrowding of Houses.
147. As is shown in another section of this Report a very considerable amount of overcrowding of
persons in houses exists throughout Scotland, and there can be no doubt of the evil results of overcrowding
on health, apart altogether from the domestic inconvenience caused.
148. Census Standards of Overcrowding. — In the law of Scotland there is no single standard for the
measurement of overcrowding. But, in the course of administrative development, special standards
for special purposes have, as will be shown, found their way into the statutes.
149. In England, for census purposes, a standard of overcrowding of more than two persons per room
has been adopted, but, according to Dr Dunlop, Superintendent of Statistics in the Department of the
Registrar-General for Scotland, that standard cannot apply in Scotland because the Scottish rooms are
larger than the English ones. (Dunlop, 2265.) This same witness specially points out that in the Scottish
Census Returns no standard of overcrowding is set up, though the returns record the distribution of
population by number enumerated per room. Accordingly, it should be noted that a standard of over-
crowding based on more than two persons per room has no statutory authority so far as Scotland is
concerned.
150. Provisimis in Public Health Act. — The specific statutory provisions dealing with overcrowding
may now be referred to. Under the Public Health (Scotland) Act, 1897 (section 16 (7)), any house or
part of a house so overcrowded as to be injurious or dangerous to the health of the inmates is to be regarded
as a nuisance within the meaning of that Act. The standard here set up is that the overcrowding must
be such as to be injurious or dangerous to the health of the inmates, and, in actual practice, if the Local
Authority have to take proceedings in Court for the removal of the nuisance due to overcrowding, it is
often exceedingly diSicult to prove to the satisfaction of the Court that there is injury or danger to
health. Apart from the ordinary procedure for dealing with nuisances under the Public Health Act
(which will be afterwards explained), the Act provides that where two convictions have been obtained
against any person for overcrowding a house, the Sheriff may order the house to be closed up for such
time as he may deem necessary.
151. There is, however, an important power contained in section 84 of the same Act which would
appear to give a Local Authority more definite power whereby overcrowding might be controlled. Under
Part IV. of the Act, the Local Government Board are empowered to make regulations dealing with the
prevention of epidemic, endemic, or infectious diseases, and have done so in regard to cholera, yellow
fever, plague, tuberculosis, and venereal diseases. These regulations apply to all the Local Authorities
in Scotland. The section just referred to provides that when such regulations are in force in any place,
on the certificate of a medical officer, or of two duly qualified medical practitioners, or on the report
of a sanitary inspector, or other sufficient evidence, that any house or part of a house is so overcrowded
as to be dangerous to health, the Local Authority have power to regulate the house according to the
provisions of the Act in reference to common lodging-houses. These provisions will be referred to in
detail later, but meantime it may be noted in connection with this subject of overcrowding, that they
give a Local Authority power to regulate by means of byelaws the number of persons who may occupy
each room. It does not appear from the evidence before us as if the power under section 84 had been
exercised, but it will of course be noted that before the Local Authority can proceed under this section,
they must have a certificate that the overcrowding is " dangerous to health."
152. Provisions in Burgh Police Act, 1903 — Ticketed Houses. — ^Although the provisions referred to
above apply to burghs as well as to counties, there are special powers in the Burgh Police Act of 1903
for dealing with overcrowding. These powers, are, however, available only to such burghs as adopt
them. Under that Act (sections 67 and 68) a Town Council have power to authorise any person to
enter houses of not more than three apartments, and, if the total cubic contents do not exceed 2400
feet, to fix the number of persons who may occupy the house, reckoning one person for every 400 cubic
feet, and to affix a ticket or other mark showing the number of persons who may sleep in the house.
Two children tmder ten years of age are reckoned as one person. A penalty is attached if the house is
used by a greater number of persons than that shown by the ticket as allowable. This system is known
as ticketing, and in enforcing it there is no necessity for proving injury or danger to health as under
the general provision in the Public Health Act. It is sufficient to show that the number of persons
has exceeded that allowed at the standard of 400 cubic feet per head. The sections, however, as will
be seen, are limited to houses of not more than three rooms, and only to such of these houses as contain
2400 cubic feet or less. If a house of (say) one, two, or three rooms should contain more than 2400
cubic feet, the provisions as to ticketing do not apply.
153. Similar powers of ticketing are in force in Edinburgh and Glasgow under local Acts. (See
Rutherford, 5699 (24), and Fyfe, 19,870 (16) ; also chapter on Overcrowding, No. XII.)
154. Overcrowding in Special Types of Houses. — In addition to the above powers, there are special
provisions in the Public Health Act which enable overcrowding in certain types of houses to be con-
trolled. These provisions apply to houses let in lodgings and farmed-out houses, common lodging-
houses, and tents, vans, sheds, and similar structures. As the powers dealing with these special types
of houses will be detailed later, (Paragraph 200 et seq.), it is not necessary. here to repeat them. They
apply to burghs as well as counties.
(b) Houses kept in Dirty Condition.
155. Provisions in Public Health Act. — Reference has already been made to the provisions of
section 16 (1) of the Public Health Act, under which any house in such a state as to be a nuisance or in-
jurious or dangerous to health is to be regarded as a nuisance liable to be dealt with under thatJAcfc.
REPORT. 23
This would apply to houses kept in a dirty condition, but there is a special clause (section 40) dealing with
such houses. It enables a Local Authority to require the cleaning of any house that appears to them to
be in such a filthy or unwholesome condition that the health of any person is afEected or endangered,
or that the cleaning of which they think would tend to prevent or check infectious disease. There is
• no penalty for keeping the house in such a condition. A penalty is exigible only if the notice of the Local
Authority requiring cleaning is disregarded. The notice may be served on the owner or occupier of
the house. The Local Authority may do the cleaning and recover the expense from the person in default.
It will be noted that action cannot be taken under this section until the condition of the house is such
as to affect or endanger health, or until the Local Authority are of opinion that the cleaning would
prevent or check infectious disease.
156. Provisions in Burgh Police Act. — The above power is applicable to county and burgh Local
Authorities alike, but there are similar powers in the Burgh Police Act of 1892 (sections 118 and 119)
which may be adopted by a county Local Authority in Special Scavenging Districts. The first of these
sections gives power to the Burgh Surveyor, Inspector of Cleansing, Medical Officer of Health, and Sani-
tary Inspector to enter dwelUng-houses which they have reason to believe are not in a cleanly condition,
and to cleanse and purify the same, and to remove any filth therefrom at the expense of the occupier,
or, in the case of unoccupied houses, of the owner. (Macpherson, 2 (174).) The other section provides
that any person who keeps a house in a dirty, unwholesome, or unhealthy condition, after notice to clean
has been served on him by the Sanitary Inspector, is Uable to a penalty not exceeding 40s. It will be
seen that this section differs from the similar section of the PubUc Health Act in that it is not necessary
to prove that the dirty condition of the house is such as to affect or endanger health.
157. A provision applicable to burghs only is that in section 381 (42) of the Burgh Police Act of
1892, under which it is a police offence (for which a penalty not exceeding 40s. may be imposed) to
accumulate within any house any dung, soil, dirt, ashes, filth, or other offensive matter or thing,
(c) Cleanliness, etc., of Sanitary Conveniences, Common Stairs, etc.
158. Water-Closets, ete.— When a water-closet, earth-closet, privy, sink, or ashpit is so foul as to
be a nuisance or injurious or dangerous to health, it may be dealt with as a nuisance under the Public
Health Act (section 16 (2)). A further provision of the same Act (section 30) makes any person liable
to a penalty not exceeding £5 if he causes any water-closet, earth-closet, privy, or ashpit to be a nuisance
or injurious or dangerous to health by wilfully destroying or damaging it. The difficulty of acting
under this section is that proof is required that the destruction or damage was done wilfully, and this
is seldom easy to prove.
159. Where water-closets, earth-closets, privies, or similar conveniences are used in common, by
the occupiers of two or more separate dwelling-houses or by other persons, special powers of control
are conferred on the Local Authority. If any person injures or improperly fouls any such convenience,
he is 'liable to a penalty not exceeding 10s. (Public Health Act, section 31 (1).) The difficulty here,
where there are several persons using the one convenience, is to adduce evidence sufficient to lay the
blame on one person. In addition, if such a common convenience is in such a state as to be a nuisance
or annoyance to any of the persons using or entitled to use it, for want of the proper cleansing of it, the
person or persons in default are liable to a penalty not exceeding 10s. If, however, the offence cannot
be traced to any one person or persons, all the persons using or entitled to use the convenience are liable
to the penalty. (Public Health Act, section 31 (2).) In the latter case, of course, the result is that
the cleanly disposed tenants are brought to Court along with the guilty tenant or tenants and convicted
along with them. One witness, however, stated that in several cases where the power had been put in
operation, the Sheriff had expressed his unwillingness to convict. (Whyte, 36,834 (35).)
160. The above powers apply in burghs as well as in counties. In burghs there is an additional
power (which, however, may be adopted in Special Scavenging Districts) providing for the cleaning and
washing of water-closets or other closets Used in common by occupiers of houses entering off common
stairs. This has to be done by the occupiers in weekly rotation, and byelaws may be made for regulating
this. (Burgh Police Act, 1892, sections 115 and 127.) Byelaws may also be made under section
316 B. (8) of the same Act for requiring owners or occupiers of houses to keep clean common water-closets.
This power applies in burghs only.
161. Common Stairs, efc.^In the case of common stairs and passages, the statutory provisions as
to cleaning are contained in the Burgh Police Acts. These places must be washed and kept clean by
the occupiers in rotation. (Burgh Police Act, 1892, section 115.) The responsibility for whitewashing or
painting common stairs and passages rests on the owner, and this must be done by him once every year
if he is required to do so by the Sanitary Inspector (section 117). All private courts, yards, areas, etc.,
that are not cleansed by the scavengers of the Town Council must be kept clean by the occupiers to the
satisfaction of the Inspector of Cleansing or Sanitary Inspector. The Town Council may, however,
do the necessary cleansing and charge the expense to the burgh general assessment. (Section 120.)
For these various' purposes, byelaws may be made by the Town Council (section 127 and section 316 B.
(8)), and these various powers (except those in section 316 B. (8)) may be applied by adoption in Special
Scavenging Districts. In addition, the Local Authority of a county as well as a burgh area have power
by means of byelaws to require the cleansing of common passages and staircases in houses let in lodgings,
including farmed-out houses. (Public Health Act, section 72.)
(7) Control of Construction and Repair of Private Streets and Footpaths,
Private Courts, etc.
162. While, as will presently be shown. Town Councils have full control over the construction of
private streets in burghs, it would seem as if Local Authorities in county areas have, in the absence of
a town-planning scheme, no such powers of control. They may, however, in certain circumstances,
as after explained (Paragraph 174), require improvements in existing private streets.
24 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(a) In Burghs.
163. Formation of New Streets.— In burghs, on the other hand, no new street can be formed and no
existing street can be widened, extended, or otherwise altered without a warrant to do so having first,
been obtained from the Town Council. If the work in connection with the formation of a new street
is not commenced within twelve months, the warrant lapses. (Burgh Police Act, 1903, section 11.)
The Town Council, however, are given power to open up and form streets for which warrants have been
given, but which have not been opened up and formed by the persons obtaining the warrant. The cost
may be recovered by the Council from the feuars and others subsequently erecting buildings along the
street. (Macpherson, 2 (185).)
164. Repair of Private Streets. — If any private street or the footway in connection with it has not
been properly formed, the Town Council may cause it to be properly formed and thereafter to be main-
tained, all to their satisfaction. (Bui^h Police Act, 1903, section 104 (2) (d).) The expenses of the
Town Council in putting the street in order are to be paid by the owners of the lands or premises front-
ing or abutting on the street. (Burgh Pohce Act, 1892, section 137.) Where a private street and the
footway thereof have been put in proper order to the satisfaction of the Town Council, they may, on the
application of any one or more of the owners of premises fronting or abutting upon the street or of the
superior or owner of the ground on which the street has been formed, and they must, if the owners of
one-half or more of the frontage concur in the application, take over and maintain the street as a public
street. (Burgh Police Act, 1903, section 104 (2) (e).)
165. Provision of Foot-pavements. — -As regards the provision of foot-pavements on public streets,
the Town Council may require the owners of premises fronting or abutting on such streets to form
pavements to the satisfaction of the Town Coiincil, who thereafter maintain and repair them. (Burgh
Police Act, 1892, sections 141 and 142.)
166. In regard to footways on private streets, the Town Council may require the owners of premises
on such streets to form proper footways and to maintain and keep them in repair. Where, however,
the Town Council require the footway to be paved, the future maintenance of it devolves on the
Council. (Burgh Police Act, 1903, section 16.)
167. There is an appeal to the Sheriff against any requireniient of the Town Council in reference
to the above matters. (Burgh Police Act, 1892, section 143.)
168. Width of Streets. — -The width of streets is also regulated in the Burgh Police Acts. All new
streets laid out in burghs after 15th May 1893 must be at least 36 feet wide for the carriageway and
foot-pavements. In burghs that have adopted section 61 of the Burgh Police Act, 1903, the width of
new streets from house to house must be at least 60 feet, of which at least 40 feet must be set apart for
carriageway and footways.
169. Where it is necessary for the purposes of widening or otherwise improving any street to aqquire
any lands or premises, the Town Council may do so. (Burgh Police Act, 1892, section 154.) Power is
also given to the Council to require houses projecting beyond the line of the street, when taken down,
to be set back. (Burgh Police Act, 1892, section 158.) This power is by the 1903 Act extended to new
houses. (Section 104 (2) (h).) Compensation is, of course, payable in such cases.
170. Byelaws regulating Construction of Streets. — ^In addition to all the above powers, Town Councils
who have adopted section 93 of the Burgh Police Act of 1903 have the still further power of making
byelaws for regulating the level, construction, causewaying, and paving of streets and of the footways
thereof.
171. As already stated (Paragraph 100), there is power under the Burgh Police Act of 1903 enabling
the statutory provisions as to the laying out of streets to be relaxed or modified.
(b) In Counties. '
172. Compared with the powers of Town Councils as above set forth. Local Authorities of county
areas have somewhat meagre powers. As already indicated, they do not appear to be able to regulate
the construction of new private streets. (Public highways are of course under the control of the county
Road Authority.) Their powers of control come into operation only after the street has been made.
173. Street as a Nuisance.- — Should any street be in such a state as to be a nuisance or injurious or
dangerous to health, it may be dealt with as a nuisance under the Public Health Act (section 16 (2)),
but the difficulty of proving a nuisance or injury or danger to health operates against proceedings under
this section for securing the necessary repairs to a street being successful. This provision applies also to
burghs, but it may be surmised that, in view of the complete powers under the Burgh Police Acts, it is
never necessary for a Town Council to have recourse to it as a means of remedy.
174. Repair of Private Streets.— A more specific power of control is conferred by section 39 of
the Public Health Act, which, however, is confined in its operation to Special Scavenging Districts.
Under that section the Local Authority have power, in cases where any private street or footway is not
levelled, macadamised, channelled, and made good to their satisfaction, to require the owners of the
premises fronting, adjoining, or abutting on such street or footway, to carry out the works necessary for
improvement, subject to an appeal to the Sheriff. If the Local Authority's order is not complied with,
they may carry out the work themselves and recover the cost from the owners. This section provides
a remedy for a very unsatisfactory state of matters. It frequently happens that some of the side streets
in a village are not properly made, and in wet weather become so muddy and foul as to be extremely
offensive, if not actually injurious to health. As they are not highways, the Road Authority has no
duty to repair or maintain them. As already noted, however, the provision is only operative in Special
Scavenging Districts. {Handbook of Public Health, p. 75, note 3.) The section does not seem to hmit
the kind of improvement on the street that may be called for by the Local Authority, but according to
one witness the Courts have held that the provisions of the section are confined to public health re-
quirements. (Whyte, Appendix CXXVIII. (2).)
REPORT. 25
175. Parish Councils are also given powers to repair and maintain all or any of the public ways
(not being highways or footpaths at the side of a highway) within their areas, but they are not apparently
bound to exercise these powers. (Local Government (Scotland) Act, 1894, section 29.)
176. Paving of Private Courts. — ^As regards the paving of private courts or of any common close,
passage, or area (other than a bleaching green, garden, or shrubbery), a Town Council have power to
require the owner or owners to pave them to the satisfaction of the Coimcil, and to make and maintain
provision for the drainage of surface water. (Rule 17 of Schedule IV. of Burgh Police Act, 1892, and
Burgh Police Act, 1903, section 21.) No similar specific power is applicable to counties, but, as " street "
by the definition of the Public Health Act (section 3) includes a square, court, or passage, it may be
that the powers of a county Local Authority under section 39 of that Act referred to above would
enable them to require the paving or other satisfactory putting in order of courts, squares, and passages
in Special Scavenging Districts.
(8) Control of Defective and Insanitary Houses.
177. Under this heading it is proposed to describe the provisions of the statutes giving powers to
Local Authorities to deal with individual houses. The powers enabling them to deal with insanitary
and unhealthy areas in which there are groups and blocks of houses unfit for habitation will be dealt
with under a subsequent heading (Paragraph 226 et seq.), viz. " Control of Unhealthy and Insanitary
Areas."
(a) Insjjection of Homes.
178. For the purposes of effective control of individual houses systematic inspection is necessary
by officers of the Local Authority and this is enjoined on the Local Authority by the Acts. Under the
Public Health Act (section 17) it is the duty of every Local Authority to cause inspection to be made
of their district from time to time for the detection of nuisances which, as already explained, include
houses of such a construction or in such a state as to be a nuisance or injurious or dangerous to health.
This inspection is made by the Medical Officer of Health and Sanitary Inspector in terms of the regula-
tions which the Local Authority frame for regulating their duties, and they may demand admission
to any house in which they have reasonable grounds for beheving a nuisance exists. If admission is
refused, they are empowered to obtain a warrant for forcible entry.
179. Under the Housing, Town Planning, etc.. Act, 1909 (section 17), it is the duty of every
Local Authority to cause to be made from time to time inspection of their district with a view
to ascertaining whether any dwelling-house therein is in a state so dangeroiis or injurious to health
as to be unfit for human habitation. An officer must be designated by the Local Authority for the
purpose of carrying out this inspection. He is required to keep a record of his inspections on lines
specified by the Local Government Board, to report to the Local Authority hovises requiring to be closed,
and to make an annual report to the Board as to his work and the action taken. (Macpherson, 2 (217)
(218) (221).) Any person authorised in writing by the Local Authority may, at all reasonable times,
on giving twenty-four hours' notice to the occupier and to the owner, if the owner is known, of his in-
tention to inspect a house, enter it for that purpose. (Housing, Town Planning, etc.. Act, 1909, section
36, also section 15 (2).)
180. In addition to these provisions a definite duty is placed on the Medical Officer of Health by the
Housing of the Working Classes Act, 1890, to report to the Local Authority any dwelling-house which
appears to him to be in a state so dangerous or injurious to health as to be unfit for human habitation
or which is alleged to him by four or more householders to be in that state (sections 30 and 31). He is
also required by the same Act to report to the Local Authority any building which, although not in
itself unfit for human habitation, appears to him to be obstructive from a sanitary point of {view.
(Section 38; Macpherson, 2 (213).)
(b) Removal of Defects disclosed by Inspection of Houses. '
181. It may be said that there are three methods of procedure available to the Local Authority
for the removal of defects disclosed by the inspection of houses, according as they elect to proceed under
the powers of the Public Health Act or of the Housing of the Working Classes Acts. Under the former
Act the Local Authority, in the event of the owner of the house failing to comply with their notice requir-
ing the remedy of the defects, make application to a Sheriff, Magistrate, or Justice, asking him to order
the necessary works to be carried out ; under the latter Acts the Local Authority, in regard to a house
that is so dangerous or injurious to health as to be unfit for human habitation, may themselves make
an Order prohibiting the use of the house for human habitation until it has been rendered fit for that
purpose, the owner being empowered to appeal to the Sheriff against the Order of the Local Authority.
Where, however, a house of a rent not exceeding £16 though not reasonably fit for habitation may be
made so, the Local Authority may, if a Closing Order is not made, call on the owner to carry out the
necessary repairs. The respective methods of procedure are as follows :■ —
182. Procedure under the Public Health Act.- — As already explained, the defects in a house for which
a remedy can be sought under the Public Health Act must be such as to be a nuisance or injurious or
dangerous to health. There may be defects which (Jo not come under any of these categories, but which
may render the continued occupancy of the house a matter of considerable discomfort and inconvenience
to the inmates. These, however, cannot be remedied under the powers of the Public Health Act.
183. Where a house is in a state that can be dealt with under the Public Health Act, and where
the condition arises from any want or defect of a structural character, an intimation is served by an
officer of the Local Authority on the owner requiring him to remove the nuisance. If the owner ignores
this intimation, the matter is reported to the Local Authority who, if so advised, serve a notice on the
owner requiring him to remove the nuisance within a specified time, and to execute such works as may
26 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
be necessary for that purpose. If the Local Authority think it desirable, they may specify the works
to be executed. If the owner fails to take any action after receipt of this notice, the Local Authority
may then apply to a Sheriff, Magistrate, or Justice, who may order the nuisance to be removed, and
such works to be executed as may be necessary for that purpose. Failure to comply with the decree
of the Court renders the owner liable to penalty. If structural works are necessary, the Sheriff, Magistrate,
or Justice may require them to be carried out to the approval of any person he appoints. If the nuisance
is such as to render a house unfit for human habitation or use, he may prohibit it to be inhabited or used
until, in his judgment, it has been rendered fit for that purpose. Where the owner does not carry out
the necessary works the Local Authority may be empowered to do so. (Public Health Acts, sections
19-26 ; also Macpherson, 2 (71).)
184. The above procedure applies generally to the removal of nuisances under the Public Health
Act, and is applicable both to burgh and county Local Authorities.
185. Closing Orders under Housing Acts.- — When a Local Authority are satisfied that a house is
in a state so dangerous or injurious to health as to be unfit for human habitation, they must make an
Order prohibiting the use of the house for human habitation until, in their judgment, it has been
rendered fit for that purpose. This Order is termed a " Closing Order." Notice of this Order must be
forthwith served on every owner of the dwelling-house, and any owner aggrieved may appeal to the
Sheriff within fourteen days after the notice is served upon him. Where a Closing Order has become
operative the Local Authority must serve notice of the Order on every occupying tenant of the house,
and each such tenant must, within the time specified in the notice, not being less than fourteen days,
cease to inhabit the dwelling-house, and in default he shall be liable on summary conviction to be ordered
to quit the dwelling-house. No direct power of ejection is however given. (Macpherson, 2 (238) (496).)
If the house should be rendered fit for human habitation, the Local Authority may withdraw the Closing
Order, and an owner may appeal to the Sheriff if the Local Authority refuse to withdraw it.
186. Closing Orders under Local Acts. — The Corporation of Edinburgh have power to issue a Closing
Order under their local Act of 1879 on the certificate of the Medical Officer of Health and Sanitary
Inspector that a house is unfit for human habitation. In this case, however, there is no appeal from
the decision of the Local Authority. (Maxwell Williamson, 5539 (14).)
187. The Corporation of Glasgow under their local Act of 1890 are empowered to issue a Closing
Order in respect of any house that is certified by the Medical Officer of Health, the Sanitary Inspector,
and the Master of Works as unfit for human habitation. In this case, however, the owner has an appeal
to the Sheriff. (Lindsay, 23,235 (10).) In each of these cases it will be noted that it is sufficient to
certify the house as imfit for human habitation, and that it is not necessary to certify danger or injury
to health. Dundee have similar powers to Glasgow, with an appeal to the Sheriff. (Templeman, 35,836
(11) (12).) In Aberdeen the power is similar to that of Edinburgh (Matthew Hay, 41,334 (45) (46)),
there being no appeal to the Sheriff.
188. Demolition Orders under Housing Acts.- — Where a Closing Order has remained operative for
a period of three months, the Local Authority must then take the question of demolition of the house
into consideration. If, after hearing the owner, the Local Authority are of opinion that the dwelling-
house has not been rendered fit for human habitation, and that the necessary steps are not being taken
to render it fit, or that the continuance of the house is a nuisance or dangerous or injurious to the health
of the public or of the inhabitants of the neighbouring houses, they must order the demolition of the
building, the owner having an appeal to the Sheriff. If, however, the owner undertakes to execute
forthwith the necessary works, the Local Authority may postpone the operation of the Demolition Order
for a period not exceeding six months to enable him to do so.
189. When an Order for demolition has been made, the owner must take down and remove the
building within three months. If he fails to do so, the Local Authority must proceed with the demoli-
tion, and must sell the materials. If, after expenses are paid, there is a credit balance, it must be handed
over to the owner ; if a debit balance, the Local Authority may recover it from the owner. No house
or other building or erection which will be dangerous or injurious to health shall be erected on the site
of the demolished building. (Macpherson, 2 (226-229). and relative sections.)
190. Demolition Orders under Local Acts.- — In Edinburgh the local Act does not confer on the Local
Authority powers of demolition, though they have compulsory powers for the acquisition of property
closed under a Closing Order. In Glasgow, by the local Act of 1900, the Local Authority may order
the removal or repair of any house closed under their local Act of 1890, already referred to, if
it is not made habitable within a period specified by the Master of Works. The owner may appeal to
the Sheriff. In Dundee, the local Act confers powers of demolition on the Local Authority without
any appeal to the Sheriff, but in Aberdeen there is an appeal to the Sheriff. (Macpherson, 2 (356).)
191. As will be seen, the foregoing powers under the Housing Acts are limited, as in the Public Health
Act, to houses that are in a state so dangerous or injurious to health as to be unfit for human habitation,
and as in the case of that Act are not available for the remedy of minor defects that may render the
habitability of the house unsatisfactory from the domestic point of view though not from the health
point of view. ,
192. Special Power in Housing Acts — Keeping of Houses in Repair. — As has already been pointed
out, there is another method under the Housing 'Acts whereby defective houses may be dealt with.
Under the 1909 Act (sections 14 and 53 (15)) it is provided that, in any contract made after the passing
of that Act for letting for habitation a house at a rent not exceeding £16, there shall be implied a con-
dition that the house is at the commencement of the holding in all respects reasonably fit for human
habitation. It is also the duty of the landlord to keep the house during the holding in all respects reason-
ably fit for human habitation. The obligation so created is enforceable by the Local Authority, who
are empowered to serve notice on a defaulting landlord, requiring him to execute the works specified
in the notice that the Local Authority may consider necessary to make the house reasonably habitable.
The landlord has the right of appeal to the Sheriff within twenty-one days of the receipt of the notice ; but
subject to that he must carry out the works required, and in default the Local Authority are empowered
to execute the works at his expense. (Macpherson, 2 (224).)
REPORT. 27
193. Special Provision in Burgh Police Act, 1892- — Repair of Common Stairs. — None of the statutory
provisions above mentioned include a general power to the Local Authority to require that houses shall
be kept in a proper state of repair. So far, however, as common stairs in houses in burghs are concerned,
the Burgh Police Act, 1892 (section 174), makes it obligatory on the owner of premises in or entering
from common stairs and common passages to keep the steps, landing-places, and passages in a proper
state of repair, and to provide and keep in proper repair to the satisfaction of the Burgh Surveyor rails
at the side of such stairs, landing-places, and passages.
194. Special Provisions in Burgh Police Act, 1892, as to Ruinous Houses.- — In the Burgh Police Act,
1892 (sections 191-200), there are special powers for dealing with houses that are in a ruinous or dangerous
condition. Though these sections apply to burghs, they may, in terms of section 10 of the Local Govern-
ment (Scotland) Act, 1908, be adopted by a Coimty Council within any special lighting, scavenging,
drainage or water district.
195. The sections provide that if the Burgh Surveyor deems any building to be in a ruinous state
or dangerous to passengers or to the occupiers thereof, or of the neighbouring buildings, he shall im-
mediately cause such occupiers to remove imtil the building is put into a safe condition. The owner has
to be notified requiring him to take down or secure or repair the building. If action is not taken by
the owner within three days, the Burgh Surveyor makes complaint to the Sheriff, who, after inquiry,
may order the owner to take down, rebuild, repair, or otherwise secure the building to the Surveyor's
satisfaction within a specified time. If action is not taken within the period so specified, the Town
Council may take the necessary steps, the expenses being paid by the owner.
196. If the owner cannot be found, or if the expenses are not fully paid, the Council may take such
building, compensation being paid to the owner in the manner after explained (see Paragraph 295).
197. Where a building is pulled down by the Council, they may sell the materials, restoring to the
owner any surplus arising from the sale.
198. Provision is also made for ruinous buildings belonging to two or more owners being sold, the
Sheriff, on a petition from the Bm-gh Prosecutor, Town Coimcil, Burgh Surveyor, or Sanitary Inspector,
calling the interested parties together and ordering the properties to be valued by not less than three
men of skill, and giving each party the option to buy the interests of the others. If the parties fail to
take advantage of this offer within a period not exceeding six weeks, the Sheriff may cause the property
to be exposed for sale by public auction, the price received being deposited in bank and remaining there
at interest for behoof of the parties and subject to the future orders of the Sheriff, who may allocate
the price among the several parties.
199. The above provisions refer to houses belonging to two or more owners. Somewhat similar
procedure is enacted in regard to houses, buildings, or areas which have become waste and ruinous,
or have become receptacles for filth and other nuisances, or unsafe and unfit for use and occupation,
in the event of the owner not remedying matters after receipt of a notice from the Council. (Macpherson,
2 (176-178).)
(9) Control op Special Classes of Houses.
200. There are certain classes of houses which the Legislature has recognised as requiring special
legislation to control them, apart from the ordinary provisions of the statutes which are applicable to
all classes of houses. These special classes are common lodging-houses ; houses let in lodgings and
farmed-out houses ; tents, vans, and sheds ; undergroimd dwellings ; back-to-back houses and
obstructive buildings.
(a) Common Lodging-Houses.
201. Common lodging-houses are regulated according to the provisions of Part V. of the Public Health
(Scotland) Act, 1897. They are houses where lodgers are housed at an amoimt not exceeding fourpence
per night, but there is power on the part of the Local Authority, with the approval of the Local Govern-
ment Board, to raise the maximum amount to sixpence per night. By raising his charge above sixpence
per night, the keeper of the common lodging-house can of course evade the provisions of the Act dealing
with common lodging-houses, but the Local Authority will still be able to exercise some control over
him by means of the byelaws as to houses let in lodgings after referred to. (Paragraph 206 et seq.)
202. Common lodging-houses require to be registered annually, and the Local Authority may refuse
to register any house which they do not consider suitable for the purposes of a common lodging-house,
and as the keeper of such a house any person who does not appear to be suitable for the post. The Local
Authority have also power to petition the Sheriff for authority to remove any unsuitable house from
the register.
203. The Local Authority are also empowered to make byelaws for the general control of common
lodging-houses, whereby the Local Authority will be able to regulate the number of persons who may
occupy the house, the keeping and well-ordering of such houses, the separation of the sexes, and the
sanitary arrangements, cleanliness, and ventilation, etc. (Macpherson, 2 (80).) The making of these
byelaws is optional on the part of a Local Authority.
204. As regards the byelaws regulating the number of persons who may occupy the house, it may
be noted that this number is fixed according to the amount of cubic space in each room of the house.
The Local Government Board in the Model Byelaws issued by them in 1897 recommend that not less
than 300 cubic feet for each person should be provided (two children under ten years of age being reckoned
as one person). But several Local Authorities in their byelaws require 350 and 400 cubic feet. In
Aberdeen, Dundee, Edinburgh, and Glasgow 400 cubic feet are required.
205. It may here be pointed out that the lodging-houses that may be provided by a Local Authority
under Part III. of the the Housing of the Working Classes Act, 1890, may also be of the nature of common
lodging-houses. (Macpherson, 2 (287).) The powers for the provision of these houses will be described
later. (Paragraph 246 et seq.)
28 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(b) Houses Let in Lodgings.
206. Local Authorities are given power by the Public Health (Scotland) Act, 1897, to make byelaws
for the registration of houses let in lodgings or occupied by members of more than one family, for the
inspection of such houses, for fixing the number of persons who may reside therein, and for general
sanitation and cleanliness. Where such houses are intended for the working classes, the power to make
byelaws is by the Housing, Town Planning, etc., Act, 1909, section 16, extended to the making and
enforcing of byelaws imposing any duty (which may be imposed by the byelaws, and which involves
the execution of work) upon the owner in addition to or in substitution for any other person having an
interest in the premises. Differing from common lodging-houses, however, there is no specific power
given to make byelaws for the keeping and well-ordering of houses let in lodgings, or for the separation
of the sexes. While the power to make byelaws is optional on the part of the Local Authority, the Local
Government Board may require the Local Authority to make such byelaws. (Macpherson, 2 (85).)
207. It may be well to point out that the section imder which these byelaws are made does not apply
only to houses of one or two rooms, but applies or may be applied to all houses " let in lodgings or occupied
' by members of more than one family," and is not confined to, although it includes, farmed-out houses
which, as shown later (Paragraph 210), are defined to be houses of one or two apartm.ents.
208. In virtue of the power to make byelaws for houses let in lodgings, the Local Authority keep
a register of such houses in which are entered the names and residences of the owTiers or occupiers of
such hovises, and the number of persons authorised to be allowed therein. " It is not necessary to place
' on the register every house in the district which is let in lodgings or occupied by members of more than
one family. The usual practice is for the Sanitary Inspector, subject to the directions of the Local
Authority, to select the houses which it is desirable to supervise, to place these on the register, and
to see that in these cases the byelaws are observed. In this way the necessary supervision is exer-
cised, while no restrictions are imposed upon houses where supervision is not required." (HandbooJc of
Public Health, MacDougall and Murray, p. 124.)
209. As stated, power is given by the byelaws to fix the number of persons who may occupy such
a house. In the Model Byelaws issued by the Local Government Board in 1897, the number of persons
occupying any room must not exceed the proportion of one person for every 400 cubic feet of space — ^two
children under ten years of age being reckoned as one person. This is the standard usually adopted
by Local Authorities in their byelaws.
(c) Farmed-out Houses.
210. The provisions of the Act as to houses let in lodgings apply also to what are termed " farmed-
' out houses." These are defined to mean " houses of one or two apartments taken on lease by any person
' and let or rented to several occupiers for hmited periods as furnished apartments."
211. As will be shown, there seems good reason for a strengthening of the general statutory powers
of control over farmed-out houses, but it may be well to set out here the special powers that have been
obtained by the Corporations of Edinburgh and Glasgow by means of local Acts. Under their Act of 1913
(3 & 4 Geo. v., cap. LXXIV.), sections 32-48, the Corporation of Edinburgh are given power to declare
what houses, not being common lodging-houses or bona fide hotels, shall be farmed-out houses. The
owner and tenant are given an opportunity of showing cause why their house should not be declared a
farmed-out house. If they are aggrieved by the resolution of the Corporation, they may appeal to
the Sheriff. The Corporation may at any time revoke any resolution declaring a house to be a farmed-
out house. If, on the application of the owner or keeper, the Corporation refuse to revoke such a
resolution, the owner or keeper may appeal to the Sheriff. The registration of such houses must be
renewed aimually, but renewal of registration cannot be refused by the Corporation except on the ground
that the Sheriff has granted an Order for the removal from the register of the farmed-out hoTises or the
keeper thereof. The Corporation may apply to the Sheriff for such an Order, but he can grant the said
Order only if the owner, tenant, sub-tenant, or keeper of the house have been convicted of a contraven-
tion of the byelaws which the Corporation are empowered to make.
212. Byelaws may be made respecting the following matters : —
(1) For prescribing the procedure to be adopted in making application for the renewal of the
registration of any such house and the keeper thereof.
(2) For fixing the maximum number of persons who may occupy or use each room in such farmed-
out house.
(3) For enforcing sufficient water-closet accommodation and other appliances and means of cleanli-
ness in proportion to the number of lodgers and occupiers, and also for proper drainage of such houses.
(4) For promoting the cleanliness, lighting, and ventilation of such houses.
(5) For making provision in respect of the inspection of such houses and the conditions and
restrictions under which such inspection may be made.
(6) For prohibiting the keeper of such house from permitting any sub-tenant to occupy any
apartment or room to which entry can only be had from another apartment or room occupied by a
different sub-tenant.
There is no power to make a byelaw requiring the separation of the sexes in such houses. The
byelaws before coming into operation require to be confirmed by the Sheriff. Houses that have been
declared to be farmed-out houses cannot be kept or used as such unless the registration is renewed, and
it is not lawful to receive or retain any lodgers in such houses imless registration is renewed.
213. Somewhat similar powers were applied for by the Corporation of Glasgow in the Provisional
Order promoted by them in 1914 (see Appndix LXXXIIL), but the apphcation of Glasgow was
refused by Parliament. There were some important differences in the Glasgow Order as compared
with the Edinburgh Act. The latter is confined to a house or part of a house furnished or unfurnished
" let or used or held for the purpose of being let or used as a one-roomed house or a number of separate
' one-roomed houses, where —
REPORT. 29
• (1) Either [a) any rent or consideration therefor is paid or payable by the persons using such one-
' roomed house or any of such separate one-roomed houses on or before entry or within forty-eight hours
' thereafter, or (b) there are four or more such one-roomed houses entering by a common stair or passage
' and let or permitted by the same keeper to be used as aforesaid ; and
' (2) The Medical Officer of Health gives a certificate that such house either from its construction or
' the manner in which it is or is proposed to be used required special supervision in the interests of public
'health."
214. The Glasgow clause was not limited to a house let as a one-roomed house or a number of separate
one-roomed houses. The Corporation of Glasgow desired power to deal with any house or part of a house
or any apartment therein " used or let or rented as one or more separate furnished houses or apartments."
215. The Glasgow Order specified certain persons who could not act as keepers of farmed-out houses,
clearly with the view of preventing such houses being resorted to for immoral purposes. The scope of
the byelaws in the Glasgow Order was much wider than in the Edinburgh Act, and included such
subjects as — ■
The keeping and well-ordering of such houses.
Fixing the hours for closing such houses for the night for letting purposes.
Prohibiting persons under sixteen years of age residing in such houses, unless they so reside with
their parents or guardians.
216. As already stated, however, the powers sought by Glasgow in their Order were not granted.
It may be well to note, however, that by section 17 of the Glasgow Corporation (Police) Order Confirmation
Act, 1901, the Corporation are empowered to make byelaws requiring that, in houses let in lodgings,
and farmed-out houses as defined in the Public Health Act, persons of different sexes above the age of
ten years (other than husband and wife) shall not occupy the same sleeping apartment.
(d) Tents, Vans, and Sheds.
217. The use of these erections may be regulated by means of byelaws. The byelaws may deal
with cleanliness and habitable condition, the prevention of the spread of infectious disease, and provide
generally for the prevention of nuisances. (Public Health Act, section 73.) The byelaws usually provide
for the following :—
(a) A cubic space of 100 feet or upwards per person in the case of tents ; 150 feet or upwards per
person in the case of vans ; and from 200 to 300 feet in sheds (400 feet in Glasgow) — two children under
ten years being reckoned as one person.
(6) The provision of suitable and sufficient privy or water-closet accommodation.
(c) The prohibition of keeping animals so as to render such tents, etc., filthy or im wholesome.
(d) The provision of slop-sinks and drainage.
(e) Vans and sheds to be water-tight, and tents to have tarpaulin cover for ground.
(/) Adequate ventilation to be provided.
{g) Tents, vans, and sheds and their surroundings to be kept in a clean and wholesome condition,
and means of disposal of refuse to be provided.
(h) Sufficient supply of pure water, utensils, soap, and towels.
(i) Tents or vans with case of infectious disease therein not to be moved without consent of Medical
Officer of Health.
(j) Sheds to be properly lighted and windows to be kept open at stated periods.
(k) Trenches to be dug round tents when required by Local Authority.
(Z) Separate sleeping accommodation to be provided for the sexes, except in the case of husband
and wife.
(m) In Glasgow a floor space of 16 square feet per person over ten years of age is required.
218. These byelaws are made use of in dealing with temporary erections provided for navvies in
connection with public works, for fruit-pickers, herring-gutters, etc.
219. In addition to the powers imder the byelaws, the Medical Officer of Health or Sanitary Inspector
have power of entry between 9 a.m. and 6 p.m. to ascertain whether there is any overcrowding or any
infectious disease. Further, a tent, van, shed, or similar structure which is in such a state as to be a
nuisance or injurious or dangerous to health or is so overcrowded as to be injurious or dangerous to the
health of the inmates is to be regarded as a nuisance under the Public Health Act, and dealt with
accordingly. (Macpherson, 2 (89-92).)
(e) Underground Dwellings.
220. The regulation of underground dwellings is dealt with in section 74 of the Public Health Act.
The chief recjuirements that a cellar, vault, or imderground room must fulfil in order that it may be
legally let separaj^ely or occupied as a dwelling-house are as follows : —
{a) Its height in every part from floor to ceiling must, if built before 1st January 1898, be 8 feet ;
if built thereafter, 9 feet.
(6) Not less than one-third of its height, or alternatively 3 feet of its height, must be above the level
of the adjoining street or ground.
(c) It must have an open area 2|- feet wide from the level of the floor up to the street or ground level.
(d) It must have the use of a water-closet, earth-closet, or privy, and also an ashpit.
(e) It must have a glazed window of at least 9 square feet in area, and made to open to half its extent.
(/) It must have a fireplace with a chimney or flue.
(g) If it is an inner or back cellar or vault let or occupied along with a front vault or room, it must
have a ventilating flue, unless the house was built before 1st January 1898.
(h) It must be effectually drained ; the drain must either be a gas-tight pipe or be otherwise
effectually sealed, and the top of the drain must be at least 1 foot below the level of the floor.
221. Where two convictions against the provisions of the Act dealing with underground dwellings
30 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
have taken place within a period of three months, the Sheriff may empower the Local Authority to
permanently close such dwellings in such manner as they may deem fit. (Macpherson, 2 (94) (95).)
222. Further powers are provided by the Housing, Town Planning, etc., Act, 1909, section 17 (7),
for dealing with underground rooms. There it is provided that where a room habitually used as a sleeping-
place has its floor more than 3 feet below the adjoining street, and is not on an average at least seven
feet in height, or does not comply with such regulations as the Local Authority with the consent of the
Local Government Board may prescribe, it is for the purposes of this provision deemed a dwelling-house
imfit for human habitation and may be closed. There are, however, no powers for demolition of such
a room. (Macpherson, 2 (230).)
^ (f ) Back-to-Back Houses.
223. Back-to-back houses are houses that are usually under one roof in which the rear wall of one
house forms the rear wall of another house fronting another and parallel street. The objection to such
houses is that they cannot be properly ventilated, and accordingly their erection is prohibited unless the
Medical Officer of Health certifies that the houses are so constructed and arranged as to secure effective
ventilation of all habitable rooms. (Housing, Town Planning, etc., Act, 1909, section 43 ; see also
Macpherson, 2 (231).)
(g) Obstructive Buildings.
224. An obstructive building is a building which, though not of itself imfit for human habitation,
is so situated that (a) it stops or impedes ventilation or renders other buildings uninhabitable, or (b) it
prevents proper measures for remedying any nuisance or other evils in such other buildings. If the
Medical Officer of Health represents a building as obstructive, the Local Authority must consider whether
the building should be pulled down. The owner must, however, have an opportunity of stating his
objections before any Order of Demolition is made, and later he can appeal to the Sheriff against the
execution of the Order. Any four or more inhabitant householders have the same power of representation
as the Medical Officer of Health.
225. The Local Authority are authorised to purchase the site compulsorily, the compensatior to be
fixed by an arbiter appointed by the Local Government Board. Part of the compensation payable may
be apportioned among the owners of the buildings that have been improved by reason of the demolition.
Such part of the cleared site as may not be required may, with the Local Government Board's consent,
be sold ; or it may be kept as an open space, highway, or other public place. (Macpherson, 2 (233) (234).)
(10) Control of Unhealthy and Insanitary Areas.
226. Under the procedure already described for dealing with houses imfit for human habitation or
otherwise in an unsatisfactory state, it is necessary to deal with each house separately. There are,
however, more especially in the larger burghs, areas within the districts of Local Authorities, in which
the houses are all more or less insanitary and unfit for habitation. Special powers are provided whereby
these may be dealt with, and two methods of procedure are available to Local Authorities. One is by
means of what is termed an Improvement Scheme. This power, which is conferred by Part I. of the
Housing of the Working Classes Act, 1890, is, however, available only to Local Authorities of burghs.
Local Authorities of county areas cannot use it. The second method is available to County and Burgh
Authorities alike, and is conferred by Part II. of the above-named Act. It is termed a Eeconstruction
Scheme, and, so far as the burghs are concerned, will apply to an area which is considered too small to
be dealt with by means of an Improvement Scheme. The procedure under these two methods will now
be described.
(a) Improvement Schemes.
227. An improvement scheme is applicable to any area in which there are houses, courts, or alleys
imfit for human habitation, or in which the narrowness, closeness, and bad arrangement or the bad con-
dition of the streets and houses or groups of houses within the area, or the want of light, air, ventilation,
or proper conveniences, or any other sanitary defects are dangerous or injurious to health.
228. Representation by Medical Officer of Health. — The Medical Officer of Health is bound to make
an official representation to the Local Authority if it appears to him that there is any such area in his
district. If complaint is made to him by two or more Justices of the Peace, or by twelve or more rate-
payers of the imhealthiness of any area, he is bound to inspect the area and make to the Local Authority
an official representation stating the facts of the case and whether, in his opinion, the area is or is not
an unhealthy one.
229. If on such complaint by twelve or more ratepayers the Medical Officer of Health fails to make
a representation to the Local Authority, or represents that the area is not an unhealthy one, any twelve
ratepayers may appeal to the Local Government Bgard, who may hold an inquiry by any of their own
officers. If the officer so reporting represents that'the area is an unhealthy one, his representation must
be sent by the Local Government Board to the Local Authority and treated and dealt with by the latter
as if it were an official representation by the Medical Officer of Health. (Macpherson, 2 (211) (212) (243).)
230. Procedure of Local Authority.- — In cases where the Local Authority receive such a representa-
tion as above described, and where the representation affirms that the most satisfactory method of deal-
ing with the evils in the area is an improvement scheme for the rearrangement and reconstruction of the
streets and houses, the Local Authority must take the matter into their consideration, and if satisfied of
the truth of the representation and of the sufficiency of their resources to caiTy out such a scheme, they
must proceed with a scheme for the improvement of the area in question. Any number of areas may,
however, be included in one scheme. (1890 Act, section 4 ; 1909 Act, section 22 ; Macpherson, 2 (244).)
231. If the Local Authority fail to proceed with an improvement scheme, they must send a copy
REPORT. 31
of the representation with their reasons for not acting on it to the Local Government Board, who may
direct a local inquiry to go into the matter. As already explained, the Local Government Board have
power to apply to the Court of Session, who may require the Local Authority to take action.
232. Provisions of Scheme. — The Local Authority may provide in their scheme for the widening of
approaches to the unhealthy area or otherwise for opening out the same for purposes of ventilation or
health ; for the provision of dwelling accommodation for the working classes displaced by the scheme ;
for proper sanitary arrangements ; and generally for any other matters for which it seems expedient to
make provision. Unless required by the Local Government Board, it is not obligatory on the Local
Authority to provide in their scheme accommodation for the persons dispossessed of their houses.
Where such accommodation is required to be provided, it must be for such number of persons as the Local
Goverimient Board require. The accommodation so provided may be either within or without the
limits of the area to which the scheme applies. The Local Authority may appropriate any lands belong-
ing to them, or purchase other lands, for the purpose of providing accommodation for persons displaced
in consequence of an improvement scheme. (Macpherson, 2 (245) (255) (256).)
233. Confirmation of Scheme by Local Government Board.- — When the scheme has been completed,
the Local Authority have to give public notice of the fact of such scheme having been made ; thereafter
a notice has to be served on all parties interested either as owner, lessee, or occupier of land proposed
to be taken.
234. When this has been done, the Local Authority may present a petition to the Local Government
Board asking for a confirming order. The Local Government Board then cause a local inquiry to be held,
and if satisfied make an order authorising the scheme to be carried into execution, subject to such con-
ditions and modifications as they think fit, so that no addition is made to the area of the scheme. A
copy of this order has then to be served by the Local Authority on all the parties who have received the
notices just mentioned. The scheme may subsequently be modified if necessary by the Local Govern-
ment Board on the application of the Local Authority.
235. Execution of Scheme.- — When the order has been granted authorising an improvement scheme,
the Local Authority are boimd to take steps as soon as practicable for purchasing the lands required for
the scheme, and generally to carry out the scheme. The Act provides that, except with the express
approval of the Local Government Board, a Local Authority shall not themselves undertake the rebuild-
ing of houses or the execution of any part of the scheme, except that they may pull down the buildings
and clear the area, and lay out the necessary streets. They are empowered to sell or let all or any part
of the area to any purchasers or lessees on condition that these persons carry out the scheme. The Local
Authority may also engage with any society or person, or body of trustees, to carry out all or any part
of the scheme.
236. In any grant or lease of any part of the area, the Local Authority must impose suitable con-
ditions and restrictions as to the elevation, size, and design of the houses, and must make due provision
for the maintenance of proper sanitary arrangements.
237. If within five years after the removal of the buildings from the land set aside by any scheme
authorised by a confirming order as sites for working men's dwellings, the Local Authority have failed
to sell or let such land, the Board may then order the land to be sold publicly on condition that the
necessary dwellings for the working classes are erected.
238. It would appear, however, that by the 1909 Act (section 40) the Local Authority are relieved
of any obligation to sell any lands or dwellings acquired or constructed by them for any of the purposes
of the Housing Acts, and in so far as improvement schemes are concerned, it is not likely that the Board
will require the Local Authority to sell the land. (Macpherson, 2 (242-256).)
239. In connection with improvement schemes, it may be necessary to acquire property compulsorily.
The provisions laid down by the Acts for this purpose and for the payment of compensation are detailed
imder a subsequent heading. (Paragraph 297 et seq.)
(b) Reconstruction Schemes.
240. As already stated, while the foregoing provisions as to Improvement Schemes apply only to
burghs, a Reconstruction Scheme can be framed either by a burgh or by a county Local Authority. A
Local Authority may direct a Reconstruction Scheme to be prepared in either of the following cases,
viz. :—
(a) Where it appears to the Local Authority that the site of demolished dwelling-houses would
beneficially be used either as a highway, an open space, a site for dwellings for the working classes, or
in exchange for neighbouring land better suited for such dwellings ; or
(b) Where it appears to the Local Authority that the closeness, narrowness, and bad arrangement
or bad condition of any buildings, or the want of light, air, ventilation, or proper conveniences, or any
other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either
of such buildings or of neighbouring buildings, and that the demolition or the reconstruction and re-
arrangement of the said buildings or of some of them is necessary to remedying these evils, and that
the area is too small to be dealt with by means of an improvement scheme, a Local Authority may
include neighbouring lands if they are of opinion that these are necessary for making the scheme efficient.
24L The consequent procedure and powers are practically identical with those already described in
connection with improvement schemes. Notices have to be served on owners, lessees, and occupiers ;
a petition has to be made to the Local Government Board ; the Board may hold a local inquiry and
grant an order, absolute or conditional ; the Local Authority may exercise compulsory powers to
acquire the area, and they must carry the scheme into execution as soon as practicable ; and, if necessary,
provision must be made for the rehousing of persons displaced. (Macpherson, 2 (276-278).)
242. Powers of compulsory acquisition of property are conferred on the Local Authority, and as in
the case of improvement schemes these will be dealt with under a subsequent heading. (Paragraph
303 et seq.)
32 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(11) Provision of Houses for thk Working Classes.
(a) Rehousing Obligations of Local Authorities, Companies, etc.
243. It has been shown that in connection with improvement and reconstruction schemes, the
Local Authority if required 'by the Local Government Board mxist make provision for the housing
accommodation of persons dispossessed by these schemes, and it is provided in regard to improvement
schemes that the Local Authority caimot without the approval of the Local Government Board rebuild
houses on the cleared area.
244. Before going on to describe the general powers of Local Authorities to provide houses, reference
may here be made to special rehousing obligations which are imposed on any authority, company, or
person that acquires land whether compulsorily or by agreement xmder any local Act or Provisional
Order, or Order having the effect of an Act, or when land is acquired compulsorily imder any general
Act (other than the Housing Acts). (1903 Act, section 3 ; 1909 Act, section 53 (10).) If under the local
Act or Order or the general Act power is given for the purposes of carrying out the scheme to which the
Act or Order refers to take workmg-men's dwellings occupied by thirty or more persons, these dwellings
cannot be taken over until the Local Government Board have either approved a housing scheme or have
decided that such a scheme is not necessary. The number of persons to be rehoused under the scheme
shall not exceed the number of persons actually displaced, and the Board as a condition of their approval
of a scheme may require that the new dwellings or part of them shall be ready for occupation before
possession is taken of the dwellings acquired under the Act or Order. The Board may also require a
certain standard of dwelling-house to be erected, or may prescribe the mode in which the houses are to
be erected. If the authorised parties fail to carry out the provisions of the housing scheme, the Board
may compel them to do so.
245. It is interesting to note that for the purposes of these special rehousing obligations the ex-
pression " working class " is defined to include mechanics, artisans, labourers, and others working for
wages ; hawkers, costermongers, persons not working for wages but working at some trade or handi-
craft without employing others, except members of their own family, and persons other than domestic
servants whose income in any case does not exceed an average of 30s. a week (see 12 (e) of Schedule
to Housing of the Working Classes Act, 1903). This appears to be the only attempt in the Housing of
the Working Classes Acts at a definition of the expression " workmg classes."
(b) Provision of Houses by Local Authorities.
246. Nature of Houses that may be Provided. — The general power to erect houses is conferred on
Local Authorities by Part III. of the Housing of the Working Classes Act, 1890. (Section 53, etc., as
amended by the Housing, Town Planning, etc. Act, 1909.) Under that part Local Authorities are em-
powered to provide what are called " lodgmg-houses for the working classes." These houses are defined
to include separate houses or cottages for the working classes, whether containing one or several tene-
ments, and a cottage may include a garden of not more than one acre.
247. Power to Provide Houses formerly an adoptive one.- — Prior to the coming into force of the Housing,
Town Planning, etc., Act, 1909, in December 1909, Part III. of the 1890 Act could not become operative
in any area until it had been adopted by the Local Authority. In burghs a resolution of the Town
Council to adopt the Act was sufficient. In county areas, however, the Local Authority had first to apply
to the Local Government Board for a certificate that accommodation was necessary in any specified
part of the Local Authority's area for the housing of the working classes, that there was no probability
that such accommodation would be provided without the execution of the Local Authority's powers
imder Part III. of the Act, and that, having regard to the liability which would be incurred by the rates,
it was under all the circumstances prudent for the Local Authority to imdertake the provision of the
houses. If, after a local inquiry, the person holding it certified in the above terms, the Local Govern-
ment Board were empowered if they thought fit to publish that certificate in one or more local news-
papers circulating in the district, and thereupon the Local Authority were empowered to adopt Part
III. of the Act, subject, however, to the important proviso that, unless the Local Government Board
considered it necessary that the Act should be adopted immediately, the adoption could not take place
before the next ordinary election of members of the Local Authority.
248. Power now Available without Adoption.' — By the 1909 Act, however. Part III. of the 1890 Act,
is now operative in the area of every Local Authority. There is no definite obligation on the Local
Authority to put in force the powers thus conferred on them, but the Local Government Board, as
abeady explained,- — on complaint being made to them, as regards a county area by the County Council,
or by a Parish Council, or by any four inhabitant householders, and as regards a burgh by any four
inhabitant householders, that the Local Authority have failed to exercise their powers under Part III.
in cases where these powers ought to have been exercised- — are empowered to make application to the
Court of Session, who may order the Local Authority to take any action they consider necessary. (1909
Act, section 53 (11).)
249. Power to Acquire Land, Erect and Fit up Houses, etc. — For the purpose of erecting houses a Local
Authority may acquire land either by agreement or by compulsory purchase. The procedure will be
detailed under the subsequent heading " Acquisition of Land." (Paragraph 309 et seq.) In addition
to erecting houses or converting any buildings into working-class houses, the Local Authority are em-
powered to fit up, furnish, and supply the houses with all requisite furniture, fittings, and conveniences.
(1890 Act, section 59.)
250. Instead of the Local Authority erecting the houses, they may, with the consent of the Local
Government Board, lease any land acquired by them on condition that the lessee builds and maintains
the necessary houses. (1900 Act, section 5.)
251. They may also contract for the purchase or lease of any houses for the working-classes already
built or to be provided. (1890 Act, section 57 (2).) Power is also given to the trustees of any houses for
REPORT. 33
the working classes provided by private subscriptions or otherwise to sell or lease the houses to the Local
Authority and make over to them the management of the houses. (1890 Act, section 58.)
252. Power to Provide SJwps, Recreation Grounds, etc., in connection with Houses. — The Local Authority
may also, with the consent of the Local Government Board, provide and maintain in connection with
any houses provided by them any building adapted for use as a shop, any recreation grounds, or other
buildings or land which in the opinion of the Local Government Board will serve a beneficial purpose
in connection with the requirements of the persons for whom the houses are provided. (1903 Act,
section 11.)
253. General Management of Houses — Byelaws may he made. — The general management of the
houses provided under Part III. of the 1890 Act is exercised by the Local Authority, and they may charge
such rents therefor as they may determine by regulations. They may also make byelaws, which re-
quire confirmation by the Local Government Board, for the regulation of such houses, and where the
houses are of the nature of common lodging-houses the byelaws must make provision —
(1) For securing control by the officers of the Local Authority.
(2) For securing separation of the sexes, including the separation of boys and girls above eight
years old.
(3) For preventing any disturbance or nuisance.
(4) For determining the duties of the officers in charge. (Macpherson, 2 (312-314).)
254. The above provisions, however, do not apply to houses erected by persons to whom the Local
Authority have leased land under the powers referred to above.
255. Local Authority may Sell Houses. — -If, after seven years, the Local Authority determine that
houses provided by them under the foregoing powers are unnecessary or too expensive to be kept up,
they may, with the consent of the Local Government Board, sell them for the best price that can
reasonably be obtained. (1890 Act, section 64.)
256. Power of County Councils to provide Houses for Constables and Roadmen. — In addition to the
above powers, a Coimty Council are empowered by the Local Government (Scotland) Act, 1908 (section
3), subject to the consent of the Secretary for Scotland, to provide dwelling-houses for constables and
road workmen.
(c) Provision of Houses by Companies, Societies, etc.
257. Powers of Borrowing. — Except to the extent set forth above under the heading " Rehousing
Obligations of Companies, etc," companies, or other bodies employing persons of the working classes
do not appear to be under any statutory obligation to provide houses. Provision is, however, made
whereby any railway company, or dock or harbour company, or any other company, society, or associa-
tion established for the purpose of constructing or improving, or of facilitating or encouraging the construc-
tion or improvement of dwellings for the working classes, or for trading or manufacturing purposes (in
the course of whose business, or in the discharge of whose duties persons of the working classes are em-
ployed), may borrow money from the Public Works Loan Board for the purpose of erecting working-
class houses. Private individuals may also similarly borrow. The loan, the period of repayment of
which cannot exceed forty years, may not exceed one-half of the value of the property, except in the case
of pubHc utility societies, who may be granted a loan not exceeding two-thirds oJE the value of the
property. (1890 Act, section 67 ; 1909 Act, section 4.)
258. Assistance to Building Societies. — County Councils may promote the formation or extension
of co-operative societies having for their object the erection or improvement of dwelUngs for the working
classes. (1909 Act, section 72.) Town Councils have, in certain circumstances, similar powers to
assist, as is explained later. (Paragraph 261.)
To assist such societies, a County Council may make grants of money or guarantee advances
upon such rate of interest and other conditions as they think fit, and the County Council may borrow
the money required for this purpose. The Local Government Board may make such regulations govern-
ing such matters, and one of these regulations must be that no advance shall exceed two-thirds of the
value of the property held as seciirity. (Macpherson, 2 (329-331).)
259. Provision of Houses under Trusts. — Before preparing any scheme with reference to property
required to be applied imder any trusts for the provision of dwelUngs available for the working classes,
the court or body who are responsible for making the scheme must communicate with the Local Govern-
ment Board, and receive and consider any recommendations made by the Board with reference to the
proposed scheme. (Housing, Town Planning, etc., Act, 1909, section 9 (2).)
(d) Provision of Houses by or through Government Departments.
260. Special power was conferred by the Housing Act, 1914 (passed on 10th August 1914), on the
Local Government Board, with the approval of the Treasury, to make arrangements with any authorised
society for the provision of dwelling-houses for persons employed by or on behalf of Government depart-
ments on Govemiiient works in cases where sufficient dwelling accommodation is not available. The
Commissioners of Works are given power to acquire land and build houses for the same purpose.
261. For the purposes of this Act " authorised society " is defined to mean any society, company,
or body of persons approved by the Treasury, whose objects include the erection, improvement, or manage-
ment of dwellings for working classes, which does not trade for profit, or whose constitution forbids the
payment of any interest or dividend at a rate exceeding five per cent, per annum. The Local Govern-
ment Board, with the approval of the Treasury, may assist any such society who arrange to provide
houses for the purposes of the Act, by becoming holders of the share or loan capital, or by making loans
to the society, or otherwise as the Board think fit. Where the Board make arrangements under the
Act with such a society, for the provision of houses in a burgh, the Town Council of the burgh may,
with the approval of the Board, assist the society in the same manner as the Board are empowered to
assist.
262. By the Housing (No. 2) Act, 1914, passed on the same date as the Housing Act, 1914, the Board
3
34 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
of Agriculture for Scotland, as regards agricultural districts, and the Local Government Board as regards
other districts, were given power during the period of a year from the passing of the Act (10th August
1914) to acquire, with the consent of the Treasury and the concurrence of the Development Commis-
sioners, land and buildings for housing purposes. The two Boards were each given power to make
arrangements for the provision of houses for the working classes with any Local Authority or authorised
society (as already defined above), but it was specially provided that neither Board were in any case
themselves to build houses unless they were satisfied, after holding a public local inquiry, that in that
case there was an insufiiciency of dwelHng accommodation for the working classes, or that the existing
accommodation was imsuitable, and that accommodation could not be otherwise satisfactorily pro-
vided for.
(e) Provision of Houses under the Small Dwellings Acquisition, Ad, 1899.
263. This Act, though not authorising Local Authorities to build houses, empowers them to advance
money for enabhng persons to acquire the ownership of small houses in which they reside. Any such
advance shall not exceed four-fiiths of that which, in the opinion of the Local Authority, is the market
value of the ownership, nor £240, nor, in the case of a fee-simple or leasehold of not less than ninety-nine
years unexpired at the date of the purchase, £300. An advance shall not be made where, in the opinion
of the Local Authority, the market value of a house exceeds £400.
264. Advances must be repaid within thirty years, and the rate of interest must not exceed ten shil-
lings above the rate at which the Local Authority can at the time borrow the money from the PubUc
Works Loan Board. (Section 1 (2) and (3).) Repayments are to be made weekly, or at such other
periods not exceeding a half year, as may be agreed. (Section 1 (4).)
265. Before mafing an advance, a Local Authority must be satisfied, inter alia, that the applicant
intends to reside in the house, and that the house is in good sanitary condition and repair. (Section 2.)
266. When a house has been purchased under the Act, the house is held subject to certain conditions
till the advance is paid up. These are —
(a) Payments must be made punctually.
(6) The proprietor must reside in the house.
(c) The house must be kept insured against fire.
\d) The house must be kept in good sanitary condition and repair.
(c) The bouse must not be used for the sale of intoxicating liquors, or in such a manner as to be a
nuisance to adjacent houses.
(/) The Local Authority have power to enter the house at all reasonable times.
267. If any of these conditions are not complied with, the Local Authority may take possession
or order the sale of the house. The proprietor of the house may transfer his interest in it with the per-
mission of the Local Authority. The proprietor remains personally liable for repayment of any sum due
until he ceases to be proprietor.
268. The Local Authorities for the purposes of the Act are, in counties (including all the burghs
therein under 7000 population), the County Council, and in all other burghs the Town Council. Where
the expenses of a Local Authority under the Act, and not reimbursed by the receipts, exceed a sum equal
to |d. per £ in counties and Id. per £ in burghs, no advances are to be made for a period* of five years.
If, at the end of that period, the above rates are still exceeded, no advances can be made till the rates
fall below that amoimt. The cost of the preparation of titles, etc. , is to be included as part of the advance.
269. The Secretary for Scotland is the Central Authority for the administration of the Act, but he
has no powers to compel a Local Authority to put it in force. Only one Local Authority in Scotland
have obtained a loan from the Public Works Loan Commissioners for the purposes of the Act, which is,
so far as Scotland is concerned, apparently a dead letter. (Macpherson, 2 (189)-(201).)
(f) Provision of Houses under the Improvement of Land Acts.
270. Land Improvement Companies. — There are two companies empowered by statute to afford
facilities for the improvement of land in Scotland by means of charges on estates, viz. the Scottish
Drainage and Improvement Company and the Lands Improvement Company. The former was incor-
porated by Act of Parliament in 1856, and the latter in 1853. Amending Acts have been passed subse-
quent to these dates regulating the operation of both companies. The capital of each was fixed at
£100,000, consisting of 5000 shares of £20 each and 10,000 shares of £10 each respectively, and they were
empowered to issue transferable mortgage debentures. Both companies are bound to observe the pro-
visions of the Improvement of Land Acts, 1864 and 1899, which consolidated the Companies Acts, ex-
tended the scope of the improvements, and rendered it possible for a landowner of Umited interest to
make application direct to the Board of Agriculture for Scotland for authority to borrow money in the
open market, or to make advances for the execution of improvements on his land.
271. Powers of Board of Agriculture. — The nature of the improvements which are competent under
the Acts of the above companies and the Improvement of Land Acts, include the erection of farm-
houses and other buildings required for farm purposes, the improvement of and additions to farmhouses
and such other buildings, the erection of labourers' cottages, and the improvement of and additions to
labourers' cottages, etc. The whole of the expenditure on these improvements may be obtained by
the landowner from the companies, the only limitation being the approval and sanction of the Board of
Agriculture for Scotland. Should that Board, after due investigation, think fit to entertain an applica-
tion for sanction to the commencement of works, they may do so by issuing a Provisional Older, which
indicates the general scheme of the improvements and secures to the landowner the title to an absolute
charge on his estate ; while, on the completion of the improvements to their satisfaction, the Board may,
by absolute Order, create a yearly rent charge upon the estate in respect of the whole expenses incurred
in the execution of the works.
272. The maximum period of repayment of the charge was twenty-five years up till the passing of
REPORT. 35
the Improvement of Land Act, 1899, when it was extended to such period not exceeding forty years, as
the Board of Agriculture in each case determine. As a rule, the whole estate is taken as security for the
loan, though, where cottages are provided in connection with a farm, the farm might be the security.
273. The Board of Agriculture, however, have no statutory duties in regard to applications from
absolute owners of land who may apply to the companies direct for loans over their property. The
operations of the companies are not necessarily confined to estates in the hands of an owner with a
limited interest, but there is not much interest for an owner with absolute title to deal with the com-
panies. Where they lend money with the sanction of the Board of Agriculture, the companies have
the special privilege of an over-riding claim upon property before all heritable securities. But if the
companies deal with an absolute owner without the intervention of the Board of Agriculture, they have
not this special privilege. They are then in the same position as an ordinary bondholder.
274. The Board of Agriculture, before they give their sanction, lay down conditions regarding the
type of cottage to be built. Every cottage must have a living room, and two or three bedrooms, while
a water-supply must be convenient. (See Conacher, 43,464 (9) ; Macdonald, 43,641-4 ; Ritchie,
44,211, etc.)
(12) Town Planning.
275. As the whole question of town planning will be fully discussed in a later section of this report,
it is only necessary here to give a brief outline of the statutory provisions on this subject which were
embodied in general legislation for the first time in Part II. of the Housing, Town Planning, etc.. Act,
1909. The general purpose of that part of the Act is to give Local Authorities a controlUng voice in
the development of land in and around their district, so as to secure proper sanitary conditions, amenity,
and convenience in the laying out and use of such land.
(a) Nature of Land to he Town Planned.
276. A town-planning scheme may be made by a Local Authority as respects any land in course
of development, or likely to be used for building purposes. A scheme may also include a piece of land
already built upon, or land not likely to be used for building purposes if it is so situated with respect to
other land that it ought to be included. A Local Authority instead of preparing a scheme themselves
may adopt, with or without modification, any scheme proposed by all or any of the owners of any land
suitable for town planning.
277. In their scheme a Local Authority may schedule not only land within their district, but also
land in the neighbourhood of and outwith their district. In such a case the scheme which, as explained
later, must be approved by the Local Government Board, will determine who is to be the authority for
its administration. The authority may be one of the Local Authorities of the area concerned, or, for
certain pxirposes of the scheme, one Local Authority, and for certain purposes another Local Authority,
or a joint body constituted specially for the purpose by the scheme.
(b) Authority to Prepare a Scheme.
278. There are two stages in the procedure in connection with town-planning schemes. The
Local Authority must first obtain the authority of the Local Government Board to adopt an owner's
scheme or to prepare a scheme of their own. Having obtained this authority, they then proceed to de-
velop the details of their, or the owner's, scheme, and when these are complete submit them to the
Local Government Board for approval. On receipt of that approval, the scheme is ready for being put
into execution.
Before making application to the Board for authority to adopt or prepare a town-planning scheme,
the Local Authority must, in accordance with regulations framed by the Board, have inter alia made
pubUc advertisement of their intentions to prepare a scheme, and conferred with owners and other persons
interested in the land proposed to be included in the scheme. If the Board are satisfied that the Local
Authority have established a prima-facie case for town planning the scheduled area, they make an
Order delimiting the area, authorising adoption or preparation of the scheme, and providing for the
demolition or alteration of any buildings on the area so far as may be necessary for carr3nng the
scheme into effect.
(c) Preparation and Contents of Scheme.
279. This authority having been obtained, the second stage of the procedure is then entered upon,
the Local Authority proceeding to embody in their scheme such provisions as they may choose and as
are specified in the Act, with a view to submitting the scheme for the approval of the Local Govern-
ment Board. Before the scheme is submitted, similar procedure is prescribed to that required when
application for authority to prepare a scheme is to be made, viz. pubUc advertisement and notice by
the Local Authority of their intention to apply to the Board for approval of the scheme, conference
with owners and interested parties, etc. The Board are empowered by the Act to prescribe a set of
general provisions (or separate sets of general provisions adapted to suit special areas), and these general
provisions take effect as part of every scheme except so far as the Board agree to their modification or
exclusion. The scheme may also suspend any statutory enactments, byelaws, regulations, and other
provisions in operation in the area to which the scheme appUes, and may place restrictions on the number
of buildings which may be erected on each acre and the height and character of these buildings.
(d) Approval of Local Government Board to Scheme. ,
280. If the Board are satisfied with the scheme presented to them, they may make an Order approv-
ing it with or without modification. Before giving their approval, however, they are required to give
38 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
notice of their intention in the Edimburgh Gazette, and if within twenty-one days any person or authority
interested objects, the draft of their Order must be laid before each House of Parliament for not less
than thirty days during a session ; and if either House dissents no further proceedings may be taken,
without prejudice to the making of a new scheme.
281. Special procedure is prescribed in cases where a scheme contains provisions suspending any
enactment of a public general Act. In these cases the scheme does not come into force unless a draft
has been laid before each House of Parliament for not less than forty days. If in that time either House
presents an address to His Majesty against the proposed suspension, no fiurther proceedings may be taken.
That, however, is without prejudice to the making of a new scheme.
282. A scheme having received the approval of the Local Government Board has effect as if it were
enacted in the Housing, Town Planning, etc., Act. Powers are given to vary or revoke any scheme by
the substitution of another scheme.
(e) Power of Local Government Board to compel Preparation and Execution of Scheme.
283. If the Local Government Board are satisfied on any representation and after a local inquiry
that a Local Authority m a responsible axithority (as determined by the Board) —
{a) Have failed to prepare a scheme for approval where a scheme ought to be made ; or
(6) Have failed to adopt a scheme proposed by owners where the scheme ought to be adopted ;
(c) Have unreasonably refused to consent to any modification or conditions imposed by the
Board ; or
{d) Have failed to enforce effectively the observance or execution of a scheme as approved,
the Board, with the approval of the Lord Advocate, may apply to the Court of Session to order the
Local Authority (o) to prepare and submit a scheme for the approval of the Board, or (6) to adopt the
scheme proposed, or (c) to consent to the Board's modifications or conditions, or {d) to enforce the
observance or execution of a scheme, according as the circumstances of each case may require.
(Macpherson, 2 (359, etc.).)
284. There are various statutory provisions dealing with compensation and acquisition of land
in connection with town-planning schemes. These will be found summarised xmder the heading
" Acquisition of Land, including Compensation." (Paragraph 314 et seq.)
(13) Acquisition or Land, including Compensation for Land Acquibed.
285. As different procedure is prescribed in different statutes, and sometimes even in the same
statute, for deahng with the acquisition of land, including the determination of the amount of compensa-
tion to be paid for land so acquired, it is proposed imder this heading to set forth the procedure under
each statute dealing with public health and housing. It should be kept in mind that, where the expres-
sion " Local Authority " is used in relation to acquiring land, it means, in the cases of counties, the
County Council, not the District Committee. Accordingly, any land required by a District Committee
for the purposes of water, drainage, housing schemes, etc., has to be acquired by the County Coimcil in
whose name it is held.
(a) Under the Lands Clauses Ads.
286. Origin and Object of Lands Clauses ^cis.— Before the year 1845, any special Act involving the
acquisition of lands, whether by agreement or compulsion, had to include not merely a description of
the lands to be taken but also the detailed methods to be followed in acquiring them. As the methods
of acquiring lands for many forms of pubUc undertaking were substantially a repetition of one another,
Parhament, in the year 1845, decided to consolidate " in one Act certain provisions usually inserted in
' Acts authorising the taking of lands for imdertakings of a pubhc nature in Scotland." The purpose
of consolidation was twofold : first, to avoid the necessity of repeating provisions in each of the several
Acts relating to imdertakings of a public nature ; and second, to ensure greater uniformity in the pro-
visions themselves. Since 1845, therefore, when a public authority is authorised by Parliament to
acquire lands, the authorising special Act incorporates such provisions of the Lands Clauses Consohda-
tion (Scotland) Act, 1845,'and subsequent amending Act as may be necessary for the particular imdertaking.
The special Act, however, may also contain modifications or amendments of the Lands Clauses Acts, and
in many of the recent Acts such modifications are to be found.
287. Method of Determining Compensation. — For the purposes of this chapter it does not seem
necessary to give in any great detail the provisions of these Acts. It may here be sufficient to say that
the Acts provide for the determination of compensation by various methods. According to circum-
stances, this matter may be determined by the Sheriff, by a single arbiter if the parties can agree on one,
by two arbiters and an oversman where the parties cannot agree on a single arbiter, or by a jury. In
the experience of Scotland arbitration is the normal method of determining compensation.
288. Allocation of Expenses of Arbitration. — Where the matter in dispute is determined by arbitra-
tion, the arbiters are empowered to examine the parties to the arbitration, or their witnesses, and to
" take all evidence competent according to the'law of Scotland." The expenses of the arbitration
(other than the expenses of the arbiters which are borne by the promoters) are borne by the promoters
imless the award is the same as, or less than, the sum offered by the promoters. If the award is the same
as, or less than, the offer, each party must bear his own expenses.
(b) Under the Public Health {Scotland) Act, 1897.
289. The matters under this Act connected with housing in respect of which the acquisition of land
would be necessary are chiefly the provision of proper water-supply and drainage schemes for the area
or part of the area of a Local Authority. The Local Authority may, in terms of the Lands Clauses Acts,
acquire land (which for the purposes of the Act includes water and any right or servitude to or over
REPORT. 37
land or water) either by agreement or compulsorily. (Macpherson, 2 (106).) These same powers of
acquisition of land are^ade available to Coimty Councils by the Local Government (Scotland) Act,
1908, section 5, for the provision of houses for constables and roadmen.
290. Procedure for Compulsory Acquisition of Land. — Where a Local Authority have to acquire land
compulsorily, they must first obtain from the Local Government Board a Provisional Order empowering
them to put in force the powers of the Lands Clauses Acts with respect to compulsory purchase. Prior
to the application for the Order, the Local Authority must have given public notice of their proposal to
acquire the land, and must have served a like notice on the owners and occupiers of the land proposed
to be acquired . After due inquiry the Local Government Board may grant the Provisional Order applied
for. When it has been granted, the Local Authority must serve a copy on the owners and occupiers
referred to with a statement that the Order will become final and have the effect of an Act of Parlia-
ment, unless within two months a memorial shall be presented to the Secretary for Scotland praying
that the Order shall not become law without confirmation by Parliament. If no memorial is presented,
the Order becomes final and has the effect of an Act of Parliament. (Macpherson, 2 (107).)
291. Determination of Disputed Compensation. — Any question of disputed compensation imder such
a Provisional Order is referred to a sole arbiter agreed on by the parties, or, failing such agreement,
appointed by the Local Government Board. This arbiter is deemed to be a sole arbiter within the
meaning of the Lands Clauses Acts, and the provisions of these Acts as to arbitration apply, but the
arbiter determines the amount of the expenses in the arbitration and his determination is fiinal. The
arbiter must hear any parties whose interests are affected by themselves, or their counsel or agents,
and may hear witnesses. (Macpherson, 2 (107), and Pubhc Health Act, section 145.) The allocation of
the expenses of the arbitration is made according to the provisions of the Lands Clauses Acts already
referred to.
(c) Under the Burgh Police (Scotland) Acts.
292. Procedure for Compulsory Acquisition of Land. — Under these Acts the Town Council are
empowered to acquire land compulsorily imder the Lands Clauses Acts with the authority of the
Sheriff, and they must first present a petition to the Sheriff for authority to put in force the powers
of the Lands Clauses Acts.
293. The Sheriff, after due intimation having been given to the various parties interested, holds
an inquiry and thereafter grants or refuses the authority asked. But any owner or occuijier of property
affected, or the Town Council themselves, if dissatisfied with the decision of the Sheriff, may appeal
against it to the Secretary for Scotland. (Burgh Police Act, 1892, sections 60 and 154.) Town Councils
of burghs having a population of less than 5000 may, instead of proceeding under the Public Health
Act, as above described, adopt this procedure in connection with any proposal to obtain a supply of
water for the burgh. (Burgh PoHce Act, 1892, section 262.)
294. Where the groimd to be acquired is for the purpose of disposal of town refuse, the authority
of the Local Government Board is first required. (Burgh Police Act, 1892, section 108.)
295. Determination of Disputed Compensation. — Unless both parties concur in the appointment
of a single arbiter in terms of the Lands Clauses Acts, questions of disputed compensation xmder the
Burgh PoHce Acts fall to be determined by a single arbiter appointed by the Secretary for Scotland on
the application of either party, and it is not competent thereafter to have the amount of compensation
determined by arbiters, oversman. Sheriff, or jury, acting under the Lands Clauses Acts. The arbiter
appointed by the Secretary for Scotland is deemed to be a sole arbiter within the meaning of these Acts,
and he is required to determine the amount of *the expenses in the arbitration, and his determination
is final. (Burgh PoUce Act, 1903, section 57.) As in the case of the Pubhc Health Act, however, the
allocation of the expenses of the arbitration is made according to the provisions of the Lands Clauses Acts.
(d) Under the Housing and Town Planning Acts.
296. The purposes for which Local Authorities have powers under these Acts to acquire land com-,
pulsorily are improvement schemes, reconstruction schemes, removal of obstructive buildings,
provision of houses, and town planning. The statutory provisions on these matters have already been
set out in an earlier part of this chapter, and it is necessary here to deal only with the methods of
acquiring land and of settling compensation therefor.
(e) Improvement Schemes.
297. The Local Authority are authorised to acquire compulsorily the lands so authorised to be
acquired in the Order of the Local Government Board, and the Lands Clauses Acts, with certain modi-
fications, are applied for this purpose. The powers of compulsory purchase cannot, however, be exercised
after three years' from the date of the Local Government Board's Order. (Act of 1890, section 20.)
298. Appointment of Arbiter. — On the apphcation of the Local Authority, the Local Government
Board appoint an arbiter to determine the amount of compensation payable to parties affected by the
scheme. Full details for the conduct of the arbitration are contained in the Second Schedule to the
Housing of the Working Classes Act, 1890, and need not here be recapitulated.
299. Assessment of Compensation.— ^^ec\a\ provisions are also contained in the Act (section 21) for
the guidance of the arbiter in assessing the amount of compensation. The estimate of the value of the
lands or property must be based on the fair market value, due regard being had to the condition of the
property and buildings. There is no additional allowance in respect of compulsory purchase where the
lands are part of an unhealthy area, and no allowance is made for any addition to or improvement of
the property, nor any interest acquired, subsequent to the advertisement of the making of the improve-
ment scheme. (Macpherson, 2 (265).)
300. Special provision is also made for cases where (a) the rental of houses or premises is enhanced
38 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
because they are used for illegal purposes or are overcrowded, or {b) the houses or premises are a nuisance,
or of defective sanitation, or in bad repair, or (c) they are unfit for human habitation and not reasonably
capable of being made so. In the first case the compensation, in so far as it is based on rental, must
be based on the rental] that would have been obtained had the house been used for legal purposes and
had not been overcrowded ; in the second case, the compensation is to be the value of the house or
premises if the nuisance had been abated or the necessary repairs made, less the deduction of the esti-
mated cost of abating the nuisance or putting the premises into reasonably good repair ; while in the
third case the compensation is to be the value of the land and of the materials of the buildings on it.
(Act of 1890, section 21.)
301. Appeal against Arbiter's Award. — Where the amount of the arbiter's award exceeds £1000 a
dissatisfied party may, on obtaining leave from the Court of Session, submit the question of the amount
of compensation to a jury. (Macpherson, 2 (267).)
302. Costs of Arbitration. — The Local Authority are liable for the expenses of the arbiter. They
are also Hable for such arbitration costs incurred by claimants as the arbiter may certify to be proper,
but no costs are allowed claimants where the arbiter has awarded the same or a less sum than was offered
by the Local Authority before the appointment of the arbiter. (Macpherson, 2 (271).)
(f) Reconstruction Schemes.
303. The Order of the Local Government Board sanctioning a Reconstruction Scheme may in-
corporate the provisions of the Lands Clauses Acts, but the land must be acquired within three years
after the date of the Board's Order. (Act of 1890, section 39 (7).)
304. Assessment of Compensation. — The amount of compensation is settled by an arbiter appointed
and removable by the Local Government Board. The conditions governing the assessment for com-
pensation are practically the same as those described above in connection with improvement schemes.
The arbiter, however, must make allowance for any increased value which, in his opinion, will be given
to other dwelling-houses of the same owner as the result of the scheme. (Act of 1890, section 41.)
305. No Appeal against Arbiter's Award. — The award of the arbiter is final and binding on all
parties. (1890 Act, section 41 (11).)
306. Costs of Arbitration. — These are defrayed in the same manner as in the case of arbitrations
following on improvement schemes. (Act of 1890, section 41.)
(g) Removal of Obstructive Buildings.
307. The Local Authority are authorised to purchase compulsorily the lands on which an obstructive
building is erected. Such lands must, however, be purchased within a year from the date of the Order
directing the building to be pulled down or, in the event of an appeal, from the date of confirmation
of the Order.
308. Assessment of Compensation- — The assessment of compensation is determined in the same
manner as in reconstruction schemes, and, if the arbiter is of opinion that the demolition of an
obstructive building adds to the value of adjoining buildings, he must apportion so much of the compensa-
tion to be paid for the demohtion of the obstructive building as may be equal to the increase in value
of the other buildings amongst such other buildings. The Local Authority are empowered to recover
from the owners or occupiers of such other buildings the amoxmt so apportioned. (Act of 1890, sections
38 and 94 (3) (c).)
•
(h) Provision by Local Authorities of Houses for the Working Classes.
309. The provisions after stated apply to the purchase of land compulsorily, but it may here be
noted that a Local Authority, with the consent of, and subject to, any conditions imposed by the Local
Government Board, may acquire land by agreement for the purpose of providing houses for the working
classes, notwithstanding that the land is not immediately required for these purposes. (Act of 1909,
section 2 (3).)
310. Order by Local Government Board authorising Acquisition of Land. — Land for the provision
of houses for the working classes under Part III. of the Housing of the Working Classes Act, 1890, may
be purchased compulsorily by a Local Authority, but they must first obtain confirmation fi-om the Local
Government Board to an Order putting in force, as respects the land in question, the provisions of the
Lands Clauses Acts. Procedure is laid down for advertising the proposed Order and for giving notice
of jt to the owners, lessees, and occupiers of the land to be acquired. If no objection to the Order is
presented to the Board, they must confirm the Order, but if objection is made they must hold a pubhc
local inquiry. If the land to be acquired or part of it is within a burgh, the inquiry falls to be held by
an impartial person (not employed in any Government department) appointed by the Board. If the
land is wholly in a landward area, the Board may appoint whom they choose to hold the inquiry.
311. After considering the report of the person holding the inquiry, the Board may confirm the
Order with or without modification, and the confirmed Order is final, except in the cases mentioned
in the next sentence. When, in cases where the land to be acquired is wholly or partly within any burgh
and the person holding the inquiry has reported ttat the land ought not to be acquired, or acquired
conditionally for the purposes for which it is sought, and the Board determine to confirm the Order
simpliciter, it has no effect unless confirmed by Parliament. (Macpherson, 2 (295-304).)
312. Assessment of Compensation. — ^Any question of disputed compensation is to be determined
by an arbiter appointed by the Local Goverrmient Board. The arbiter is required to act on his own
Imowledge and experience, and he is required to hear any authorities or parties authorised to appear, and
witnesses ; but, unless the Board otherwise direct, no counsel or expert witnesses may be heard. Further,
no additional allowance is to be made on account of the purchase being compulsory. (Macpherson,
2 (305).)
313. Costs of Arbitration. — The remuneration of the arbiter is fixed by the Board and paid by the
REPORT. 39
Local Authority. The Board are empowered, with the approval of the Lord Advocate, to make rules
fixing a scale of costs for such arbitrations, and an arbiter may determine the amount of costs and may
disallow the costs of any witness whom he considers to have been called unnecessarily and any other
costs which he considers to have been caused or incurred unnecessarily. (Act of 1909, First Schedule (9).)
The allocation of costs between parties is as in the Lands Clauses Acts.
(i) Town Planning.
314. Land for the purposes of a town-planning scheme may be purchased compulsorily by a Local
Authority in the same manner as above described for the compulsory purchase of land in a burgh for
the purposes of the provision of houses for the working classes. The provisions as to compensation
are also the same. (Act of 1909, section 60.)
315. Special Provisions as to Compensation. — There are, however, special provisions dealing with
certain aspects of compensation in connection with town-planning schemes, and these may here be
referred to.
316. If a person's property is injuriously affected by the making of a scheme, he is entitled to com-
pensation from the responsible authority {i.e. the Local Authority responsible for carrying out the
town-planning scheme). In the same way the responsible authority are entitled to compensation from
an owner for betterment of his property by reason of a scheme. But in the case of betterment the com-
pensation is limited to one-half of the amount. Further, any person who has incurred expenditure
in order to comply with a scheme that is afterwards revoked is entitled to compensation so far as such
expenditure is rendered abortive by the revocation.
317. No person is entitled to compensation on account of anything done to land included in a scheme
after application has been made to the Board for authority to prepare the scheme, or after such date
as the Board may fix. (Macpherson, 2 (388-389).)
318. The following further restrictions as to compensation in town-planning schemes are also
imposed : —
(1) Compensation is not pajrable for injury incurred by any provisions of a scheme where such
provisions would have been eniorceable if contained in byelaws made by the responsible authority.
(2) Property is not to be considered injuriously affected by the provisions of a scheme which pre-
scribe the space about buildings, or limit the number of buildings, or specify the height and character
of the buildings, and which the Local Government Board consider reasonable.
(3) No person is entitled to more than one claim for compensation under any enactment in respect
of the same matter ; nor is he entitled to greater compensation under the 1909 Act than he would be
under any other enactment. (Macpherson, 2 (391).)
319. All questions of compensation for injury or betterment due to a town-planning scheme, and
as to the amount and manner of payment, fall to be determined by a single arbiter appointed by the
Local Government Board unless the parties otherwise agree. (Macpherson, 2 (392).)
(14) Powers of Assessment and Borbowing.
320. As has been previously explained, the rating authority in a coimty is the County Council,
not the District Committee. (Paragraph 66.)
(a) Assessment.
321. General Administrative Expenses (including expenses of carrying out housing schemes). — The
general expenses of a Local Authority in executing the Public Health and Housing Acts are defrayed
out of the Public Health General Assessment, which is levied equally on owners and occupiers within
the district of the Local Authority. The amount of the assessment is limited to Is. in the £, and, subject
to the explanation in the next paragraph as to the assessment for housing purposes, caimot be raised
beyond that figure. In one district (Lewis District of Ross-shire) the maximum has been reached.
322. It should, however, be noted that the rate of assessment necessary to meet the expenses of
a Local Authority incurred in carrying out the Housing Acts is not to be reckoned in any calculation
as to the statutory limit of the assessment, and further', that the Local Authority of a county area may,
if authorised by the Local Government Board, confine the assessment for housing purposes to one or
more of the parishes or special districts comprised in the Local Authority's area. Accordingly, there
is no limit imposed on the amount of assessment for housing purposes. The Umit of Is. above referred
to applies to expenses under the Public Health Acts and other Acts (other than the Housing Acts) relating
to pubhc health matters, the expenses of administration of which are charged to the Public Health
General Assessment. (Macpherson, 2 (99-101) (318-319) (401).)
323. The general expenses of administering the Burgh Police Acts are defrayed out of the Burgh
General Assessment, which is levied on occupiers and is limited to 2s. in the £. (Macpherson, 2 (182).)
324. Expenses connected with Water and Drainage Schemes.— 'ihe expenses of carrying out such
schemes in county areas where special water and drainage districts have been formed are met out of
the Special Water and Sewer Assessments which are levied equally on owners and occupiers in the special
districts. The combined rate for water and drainage in special districts must not, except with the
approval of the Local Government Board, exceed 3s. in the £. (Macpherson, 2 (102).) As already
explained, however (see Paragraphs 115 and 122), a Local Authority may, without forming a special
district, carry out a water or drainage scheme for any part of their area and defray the cost out of the
Public Health General Assessment, but no part of the cost can be charged to the ratepayers in special
water or drainage districts as the case may be within the area of the Local Authority.
325. There are, however, special powers of assessment for water-supply purposes contained in the
Pubhc Health (Scotland) Amendment Act, 1891. That Act is an adoptive one, and may be adopted
by any County Council on the apphcation of a District Committee. When the Act has been adopted
the expenses of the District Committee in providing water-supplies (excluding supplies for special districts
already formed) are defrayed out of what are termed the Domestic Water Rate (levied on the lands and
40 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
heritages actually supplied with water by the District Committee), and the Public Water Rate, which
must not exceed 3d. per £, and which is levied on all lands and heritages in the district whether supplied
with water or not. Where, however, special water-supply districts have already been formed, the lands
and heritages in such districts are not liable to assessment for the expense of supplying water to other
parts of the district of the Local Authority. A similar power of assessment is usually obtained by Local
Authorities who, instead of proceeding under the general statute, apply for a Provisional Order under
the Private Legislation Procedure (Scotland) Act, 1899, authorising them to carry out a water-
works scheme.
326. In burghs the expenses for water and drainage are met out of the water and sewer assessments,
which are levied equally on owners and occupiers and which together must not, except with the approval
of the Local Government Board, exceed 4s. in the £. (Macpherson, 2 (181).) Where, however, there
are within any burgh separate drainage districts (see Paragraph 124), each of such districts is rated for
the cost of its own scheme, and is not liable to assessment for the expense of sewerage and drainage
works in other parts of the burgh. (Burgh Sewerage, etc.. Act, 1901, section 2.)
327. Expenses connected with Lighting and Scavenging.- — ^In special lighting and scavenging districts
in county areas, the expenses for these purposes are met out of the Special District Rate, which is levied
equally on owners and occupiers in the special district and which must not, except with the approval
of the Local Government Board, exceed 9d. in the £. (Macpherson, 2 (103).)
328. In burghs these expenses are met out of the Burgh General Assessment already referred to.
(Paragraph 323.)
329. Expenses under the Small Dwellings Acquisition Act, 1899.— The expenses under this Act are
met in counties (including police burghs under 7000 population) out of the General Purposes Rate,
and in all other burghs out of the Public Health General Assessment. (Macpherson, 2 (197).) The
General Purposes Rate is levied equally on owners and occupiers, and it is not limited as to amount.
(b) Borrowing.
330. Under the Housing Ads Local Authorities may borrow money for the purposes authorised
in the Housing Acts provided the consent of the Local Government Board is obtained. This provision
applies to borrowing from any source. The money borrowed must be repaid within such period not
exceeding eighty years as the Board determine in each case. (Macpherson, 2 (317) (319).)
331. Under the Public Health and Burgh Police Acts.— Where a Local Authority are authorisd by
statute to borrow for any purposes of the Public Health Acts (such as the provision of water and drainage),
they need approach the Local Government Board only if they propose to borrow from the Public Works
Loan Board, in which case the Local Government Board may, after inquiry, recommend the application
to the Loan Board. If, however, the Local Authority propose to borrow elsewhere the money required
for these purposes, the recommendation or consent of the Local Government Board is not required. The
loan must be repaid within thirty years. (Macpherson, 2 (104).) The powers of Town Councils of
borrowing under the Burgh Police Acts to defray the cost of water and drainage schemes and other
sanitary works are similar to those in the Public Health Act just described. (Burgh Police Act, 1892,
section 379 ; Pubhc Health Act, 1897, section 142.)
332. Under the Small Bvxllings Acquisition Act. — A Local Authority may borrow for the purposes
of this Act, the loan being repaid within thirty years. (Macpherson, 2 (199).)
333. Procedure as regards Borrowing. — In counties, as aheady explained under the heading " Local
Authorities," the County Council are the borrowing authority. (Paragraph 66.) They cannot, however,
borrow without the consent of the Standing Joint Committee. (Local Government (Scotland) Act, 1889,
section 67.) No public notice of any proposal to borrow by a County Council requires to be made.
334. In burghs, however. Town Councils must give three weeks' pubHc notice of the intention to
borrow, setting forth the amount proposed to be borrowed, and the purpose for which the money is
required. The notice is to be given in some newspaper in ordinary circulation in the burgh, and the
proposal to borrow must be disposed of at the next meeting of the Town Council three weeks after the
pubHc notice. The sum borrowed cannot exceed the amount stated in the pubhc notice unless the
procedure is gone through de novo. (Burgh Police Act, 1892, section 374 ; Burgh Police Act, 1903,
section 104 (2) (v).)
CHAPTER VI.
HOUSING PROBLEMS IN THE CITIES AND URBAN AREAS.
Introductory Survey.
Order of-Treatment.
335. In dealing with the problem of urban housing, it will be best to proceed from the concrete to
the more general and abstract questions. If we begin with the actual physical conditions, external and
internal, of the houses of a typical Scottish town, and the questions of structure and arrangement
dependent on them, we shall then be better able to deal with the economic and ethical factors of domestic
life in a modern city, including such problems as those of rent and wages, and the demand for a higher
standard of space and comfort.
336. A rapid survey will be made in this chapter not along the line of historical development but
in cross-section, showing the town as it is in the present moment, a moment not so much of transition
as of pause and suspense between the largely haphazard development and custom-dominated building
of the past and the new art of city-building which is only beginning to come into being.
REPORT. 41
Continuity of the Scots Housing Problem — Difficulty of formulating Exact Division
BETWEEN Cities, Smaller Burghs, and Rural Areas.
337. But first the question may be raised whether there is any representative type of Scots urban
housing, or whether the facts and the consequent problems do not vary so widely from town to town
that mere generalisation is a waste of energy. Against this view we would urge that there is a real simi-
larity and continuity in the problem, however much conditions may vary in detail. It is important
to make this fact clear at the outset ; for it will inevitably be lost sight of to some extent amid the detail
which must follow in this portion of the Report. There are certain broad features very widely, if not
quite imiversally, found in Scots urban communities, and it is on these that we must at present con-
centrate. To take the tenement as an obvious example. It was evolved and has persisted as a type
of dwelling prima facie adapted — how far really adapted we must inquire later — -to city conditions,
where values of land are artificially high and the concentration of the population has been an important
consideration. But we find recent examples of it in certain of the small coimtry bujghs immediately
surroimded by open fields. Conversely, it would not be difficult to show how certain methods, e.g. of
sanitation and refuse removal, which relatively may cause no great harm in a small commimity where
houses are widely spaced out (although even there much improvement is desirable), have persisted in the
cities and towns with wholly unfortunate results. Scots housing is full of such " survivals " of past
stages of evolution, which have had their day, but unhappily have by no means ceased to be. Thus
it is possible, within wide limits, to make statements which are general but also valid.
338. There is undoubtedly a continuity in the problem from the country hamlet to the great cities.
Not that they do not differ widely. But the difference is not a definite line, all on one side of which
is " urban " and all on the other " rural " ; it is marked by a series of gradations connecting the two
extremes. This makes it more difficult to devise a satisfactory division of the subject. Indeed, some
measure of cross-division is inevitable. There are small communities, with populations of even less than
1000, which legally are just as much burghs as Greater Glasgow with over 1,000,000 ; and, on the other
hand, there are great mining centres of from 12,000 to 18,000 inhabitants in Mid-Lanark in which every
characteristic that could possibly be called " rural " was long ago obliterated by industrialism in its
grimmest form, but which are administered as part of a county area. Thus even the broad distinction
between rural and urban or burghal housing pipblems, inevitable as its use undoubtedly is, does not
represent a clean-cut division. The two sets of problems dovetail because the conditions that give rise
to them overlap.
339. But even when we have adopted this distinction, with the proviso that distinctively urban
conditions may be found, especially in the mining districts, in areas that technically and administratively
are landward, the difficiilty of classification occurs among the burghs themselves. In actual fact there
is little in common between the administrative problems of Edinburgh or Glasgow and those of a small
county town, but at the same time there are many intermediate links which bridge the gap and remind
us that the housing question in Scotland is not separable into " watertight compartments," but that
some attempt must be made to view it as a whole. It is indeed the case that there was at the last census
no town in Scotland (with the exception of Partick, which is now merged in Greater Glasgow) with between
45,000 and 75,000, or (with the exception of Govan, which is also now merged in Greater Glasgow) between
85,000 and 160,000 inhabitants ; and thus it has become usual to group together either the four or
the seven large Scottish cities. The four largest cities certainly demand separate and individual
treatment ; but the next group, consisting of Paisley, Leith, and Greenock, have a double relation both
to the great cities and to the smaller burghs. This may be illustrated by the case of Greenock, which,
in the problem raised by its restricted site and the massing together of its centres of industry on a limited
area, closely resembles Dundee, while it obviously stands in a still closer relation to Port-Glasgow, a
burgh of imder 20,000, with which it is connected not only geographically but also industrially. Thus,
if we adopt the rough distinction between burghs over and imder 50,000 as for certain purposes practically
convenient, it must not obscure the fact that there are many common features above and below this
line. Several of the burghs immediately below this line, e.g. Hamilton and Motherwell, are so largely
concerned with mining and dependent on mining conditions, that most of the evidence from them will
fall naturally into the " Mining " rather than the " Burghal " section of the Report.
The Real Lines of Distinction.
340. The real divisions of the subject are, indeed, not numerical so much as industrial. The
problems of a community are determined to some extent by its size, but much more by its predominant
occupation. There is much more in common between a mining community in the West of Scotland
and one in Fife and the Lothians, than between such a community and a fishing village in its immediate
neighbourhood. So in the case of burghs ; but though a consistent classification on these fines would
be too elaborate to be serviceable, it must be borne in mind throughout that the real distinctions lie
along the occupational lines or those of historical development rather than along the lines suggested by
the census. There is ample material in the evidence before us to illustrate this.
General External Survey of a Typical Scots Town.
341. Assuming, then, that there is sufficient likeness in certain main features of the Scottish towns
to make a generalised description widely applicable, and also that tbe right method of approach is to
proceed from the concrete and physical to the more abstract and economic aspects of the housing problem,
we may attempt to see how, even in a rapid external survey, the different aspects or divisions of that
problem successively unfold themselves.
342. In approaching any of the larger or medium-sized Scottish towns by a main road, there are three
types of " suburban " development which may confront us. One of these, the area of villa residences,
in some cases well-planned, does not demand notice at this point. But the approach to town conditions
42 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
is far more frequently marked by an irregular row of smaU cottages along the side of the highway,
gradually rising ia^height from one to two or three storeys, and eventually, as we approach the centre
of the town, to the typical four-storey tenement. Or the last-named edifice may meet us abruptly as,
in ragged incompleteness, it abuts on the open fields. The former development marks a slowly-growing,
the latter a rapidly-extending town, but each suggests its own specific problem.
343. In the former cases it is that of the persistence of the old-fashioned country cottage, with
its low rooms, small windows, and primitive sanitary arrangements and outhouses, in surroundings
which during its long Uf e have ceased to be rural and become urban. This form of rus in urbe may have
a historic interest and even, in a few cases, a certain picturesqueness, but it is almost certain to provide
a troublesome problem for the sanitary staff of the burgh. Or, to take the other case, there is the problem
of the tenement which equally seems to have strayed out of its appropriate region, and has stood, since
the last building boom which may have ended years ago, with ragged corners waiting for the continuation
of its line. Its presence there is due in part to conservatism in methods of planning and construction,
but chiefly to the fact that a tenement will carry a much higher ground rental than one or two-storey
cottage property, and so yield a larger return to the superior or the owner of the groimd annual, or to
both, from a limited plot of land. But in the case supposed, which is quite a common one, the superior
or recipient of the feu-duty has probably forgotten that if, instead of the abrupt and never-completed
line of tenements, the same number of houses had been spread over twice or thrice the area in cottage
form, he would, during the years that have elapsed, have, even allowing for the loss of agricultural rent,
been drawing a greater income ; for the lower rate of feu-duty per acre would almost certainly have been
more than made up for by the larger acreage actually f eued. At any rate, the abrupt transition from
agricultural land to tenement property symbolises the equally abrupt rise in value, at times rising to
1000 per cent., or even higher, which has accrued to the proprietor when his land has passed from one
use to the other.
344. As the coimtry highway gradually merges into a street, instead of growing wider to meet the
needs of increased traffic, perhaps including tramways, the street probably grows narrower, and may
even contract into a bottle-neck, through which the increased traffic has to squeeze itself as best it can
with much consequent delay. The roadway was originally made of that width, and sites on it have
acquired so high a value, real or conventional, that with the legal machinery at present at its disposal
the municipality shrinks from the cost of widening it. Probably there is a lack of good cross- or ring-
roads for intercomimunication between different parts of the suburban area ; and, there may also be an
absence, though this is not so universal, of shorter roads and terraces for residential purposes, so that
the town extends sprawlingly along the lines of the main through roads, with considerable congestion
on these, instead of in a uniform and orderly way. All which shows that the town-planning powers
given by the 1909 Act have not come at all too soon, and raises the question how their application may
be made more rapid and more general.
345. As we approach the centre of the city, we are sure to notice a certain degree, probably a very
high degree, of congestion. The number of houses to the acre and the height of houses are such that a
large proportion of the rooms on the lower storeys have insufficient light and air ; and in the late afternoon
or evening the crowds of children playing in the streets or on the common stairs may remind us — as
would, indeed, be evident even without their presence- — that there has been no provision of small open
spaces and playgrounds as " lungs " for this crowded population. If the city is an old one, we see opening
off the main streets narrow lanes or closes, down which are to be found houses still more crowded and
still worse lighted and ventilated because the " close " on which they abut is only a few feet wide, and
60 the houses which face one another are necessarily mutually obstructive. This condition, which is
to be f oimd from Dumfries in the South to Lerwick in the far North, is a good example of the similarity,
or even identity, in difference which marks the housing problem in the towns of Scotland.
346. In other burghs, of which Glasgow is the most notable example, the same evil is found in a
slightly different form. In the main block of buildings fronting the street there are to be seen at intervals
between the shops and entrances to common stairs, archways which give access to a courtyard behind. In
certain districts the only embellishment of the courtyard is one or more capacious ashpits, which seem to
exercise an evil fascination on the minds of the children whose only playground is this court. One side
of the court is formed by the backs of the houses facing the street, but on the other side is a second
block, sometimes parallel and sometimes irregularly wedged in wherever space has been found. These
are " back lands," and wherever they exist they inevitably acquire the slum character more readily and
in an extremer form than front buildings. They do not receive sufficient light and air, and in turn
they cut off the light and air from all the lower back windows of the " front land." Indeed, they are
interlopers, planted down on the originally ample back courts or gardens of the front houses, very
probably in the mid-nineteenth century, at a time when sites were rising rapidly in value but building
byelaws had not yet been thought of.
347. Probably we have already seen enough to prepare us for the interior character of these houses —
lack of air, of light, of repair, of privacy, of the ordinary conveniences and decencies of life ; perhaps,
also, we may be prepared for the overcrowding within the houses, corresponding to the overcrowding
of houses upon their sites, which together give their sinister meaning to the figures regarding density
of population to the acre which are given in anothef chapter. (See Chapter XII.)
348. It is indeed true that constantly, and in all departments of Scots housing, the standard of
cleanUness within the home is much above that of the mean and ill-kept surroimdings of the house. In
the case which we have considered of great block-dwellings, this is partly due to the fact that only within
the house is there a definite and imequivocal responsibility for cleanliness or ability to secure it on the part
of the housewife. At the moment, however, the truth must be emphasised- — that we cannot divide
absolutely between conditions internal and external to the house. The house, the court, the street, the
village or district, is each in its own degree an entity, and the external conditions constantly influence the
internal. An inadequate site means a lack of space and air which is seriously hurtful, in particular to
child life. It also involves in the case of existing houses great difficulty in providing water-closets or
washhouses and other additions which the rising sanitary standard of the time rightly calls for. Indeed,
REPORT. 43
in the extreme, but not uncommon, case where the house occupies its whole stance, their provision may
become altogether impossible. Again, unpaved streets and courts may greatly add to the difficulty of
internal cleaning for the housewife, and a densely smoke-laden atmosphere may make it literally impos-
sible for her to carry out the twin commandments of free ventilation and cleanliness to which modern
health instruction is so largely directed. And to these must be added the immaterial influences which
pass and repass between the exterior and interior of the homes of the people, together constituting as
a single whole the environment in which they live. (Dewar, 1078 f.)
349. This survey has been of the most rapid kind ; but just because it has been both rapid and
superficial, it gives an indication of the number of factors in the problem of Scottish urban housing which
he quite on the surface, where the ordinary citizen could not fail to see them if he chose to look. Such
are the facts of congestion at the centre, and bad planning or absence of plan on all sides ; the number
of mutually obstructive houses, and the deficiency of open spaces ; inadequate sanitary and scavenging
arrangements ; and the presence of the old house, which may have been good once, but is now on the
very border-Hne of habitabiUty or which is even fit only for demolition. Add to these — ^as must in many
cases be done — ^a smoke-laden atmosphere, and mean and ill-kept surroundings — streets, hoardings,
miscellaneous sheds, and here and there a factory wall ; and it is clear that the inquirer into Scottish
housing may find much food for reflection without crossing a single doorstep or interviewing a single
tenant. But from these questions of arrangement and external structure we are at once led on to
economic questions, such as the excessive cost of land, and to considerations of the use and care of dwell-
ings, which considerations have an ethical character, but which also trench on the economic sphere ; and
from these to questions of administration and economic constructive policy.
350. Thus, following the line already laid down, beginning with what is purely concrete and external,
and gradually working up to the more complex (which are also the more human) factors, we reach the
following order of topics : " Structure of Houses " ; " Occupancy " ; and from these pass on to the
" Administrative " and " Constructive " factors.
CHAPTER VII.
HOUSING IN THE SCOTTISH BURGHS.
Structxjbe of Houses.
351. We propose now to describe the houses as they are lived in at the present day. This
description naturally falls into two divisions, concerned with structure and occupancy respectively. The
former includes the number, size, and arrangement of rooms ; the soUdity or otherwise of the structure,
and the general state of its repair or disrepair ; together with a summary of the conveniences provided
permanently by the landlord as part of the property, considered as a lettable subject. The latter deals
with the use made of the bare accommodation provided. Thus the divisions correspond roughly to the
respective shares of landlord and tenant in determining the state of the dwelling in its daily use. It is
true that the two factors react on one another, bad structure making good occupancy {e.g. a high stan-
dard of cleanliness) more difficult, and careless occupancy tending to deteriorate the structure of the
house {e.g. the woodwork, plumber-work, if there is any, and windows). But the distinction between
the house as it is handed over to the tenant and the way in which he and his family use it is broad enough
to be adhered to for the sake of clearness of exposition ; and for the same reason it is necessary to lay
do-wn certain general facts regarding the plan, fabric, and state of repair of the chief types of Scottish
urban dwellings, so that on this foundation an account and discussion of the houses as they are in daily
use {i.e. of their occupancy and effect on family Ufe) may afterwards be reared. In both equally the
evidence, written and oral, collected by us and appearing in the Minutes of Evidence and Appendices,
has been supplemented and checked by facts observed in an extended visitation of representative towns
in all parts of Scotland.
Solidity of Scottish Building.
352. There are two points on which a genera] comparison between the standard of construction in
Scotland and in England seems to be called for, although the materials for an exact statistical com-
parison hardly exist. These are solidity of construction and size of rooms.
353. There is much to be said in criticism of building standards and customs in Scotland in regard
to the number of rooms and the conveniences provided for each family, and the character of the latter ;
but it may be claimed on the other side that Scots houses, especially the older houses, have in the main
been well and substantially built. The tradition has been to build sohdly of stone, with walls of eighteen
inches in the case of cottages and two feet or more in tenements. Little was seen of the jerry -buildei,
at least until within comparatively recent times ; and the shell of many old buildings, both cottage and
tenement, is still sohd and good. In certain districts {e.g. districts of Lanarkshire which are burghal in
character, though under county administration), if cottages erected at the beginning and end of the
period extending approximately from 1820 to 1880 be compared, it will be found that there had been
Uttle or no advance in the standard of accommodation during that period, the old type of cottage being
steadily reproduced, but that there had been a decided decline in the standard of building.
354. It is not necessary at this point to go into all the causes for this preference for stone buildings
with relatively thick walls. It has no doubt been in part due to the climate — ^in many places windswept
and with a high annual rainfall. There can be still less doubt that both builders and occupiers in Scot-
land have set great store by a warm house ; and that warmth has frequently been preferred to floor-
space and Ught. But in addition to the question of the cause of this sohd building, there is the more
important consideration of its effect ; and while substantial workmanship is in itself a good thing, there
44 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
seems to be no room for doubt that its effects have not been happy, in so far as it has perpetuated certain
types of house no longer adapted to the needs of the locality, or to modern sanitary standards, or to both.
355. We may consider the case of solid walls, built, as all our older houses were built, without a
damp-proof course. These walls keep the house warm, but they do not keep it dry, for their very thick-
ness makes them more, rather than less, apt to suck up moisture from the soil and impart it to the atmo-
sphere of the dwelling. Again, if the windows were originally small, as they almost certainly were, the
thickness of the walls does not make it any easier to enlarge them ; nor does it make it easier to add a
water-closet or washhouse, or both, at the back when the Local Authority or the tenant is prepared to
enforce a demand for them.
356. These remarks apply to a one-storey cottage of the old type, but a similar criticism has been
passed on the excessive solidity of the Scots tenement. Indeed, it is at the tenement that the criticism
has been most frequently levelled by the witnesses who have touched on the point, so its further con-
sideration is deferred till we come to deal with tenement building. (See below, Paragraph 396 el seq.)
Meanwhile, it is well to note that this characteristic of thick walls holds for the older type of Scots build-
ing ; and, while it represents a far better tradition than that of the jerry-builder, yet the custom of in-
variably building with thick stone walls is open to other criticism than that of expense. This solidity of
construction certainly tends to perpetuate a condition in which too many houses were placed on the
ground. While securing warmth, the thick walls do not secure dryness or easy ventilation ; and they
often outlast all the internal fittings of the house.
Average Size op Rooms.
357. Before describing certain representative types of Scots house of from one to three rooms, it
may be well to make a general statement regarding the prevalent size of rooms in small houses. It is
well known that the average house in Scotland is much smaller than in England, reckoning by the number
of rooms alone — so much so that while 47-9 per cent, of the population of Scotland live in one- and two-
room houses, the corresponding figure for England is only 7-1 per cent. But it has been argued that
this difference is largely made up for by the greater size of the ordinary Scots room. There can be no
doubt that the average room is larger in Scotland than in England, but there are apparently no data
for a precise statistical comparison. We may, however, quote the statements of two important
witnesses who have given considerable attention to this matter.
358. Mr Walker Smith, who has had an extensive experience of housing in both England and Scot-
land, stated that it must be recognised that the average size of room in the Scottish house is larger than
that in the EngUsh house. From an examination of such information as is available, the witness
calculated that the average Scottish room is about 20 per cent, larger in floor space than the average
English room. As a set-off against this advantage, there is the fact that a much larger percentage of
the English than the Scottish houses are provided with good-sized sculleries which are not counted as
rooms. (Walker Smith, 41,557 (20) (47), 41,660, and Appendix CLXVIII. Cf. also Dmilop, 2265.)
359. Dr Robertson, Medical Officer for the City of Birmingham, who has also had long experience
on both sides of the Border, put the comparison more in favour of the Scots houses. He stated that so
far -as floor space is concerned, a two-room house in Edinburgh or Glasgow has the same floor space,
approximately, as a three-room house in Birmingham. (Robertson, 24,886, 24,892.)
360. While there is no statutory regulation of floor spaces in houses, it will be seen from Chapter V.
(Paragraph 103) that section 66 of the Burgh Police (Scotland) Act, 1903, provides that the cubic
capacities for new houses in burghs which have adopted this portion of the Act shall be as follows : —
Dwelling-houses of 1 apartment 1000 cubic feet
„ „ 2 apartments 1600 ,,
„ 3 „ 2400 „
361. The section referred to in the preceding paragraph applies to new houses primarily, and it also
gives a power to the Town Council to permit in certain circumstances a lower cubic capacity in old houses
which are under reconstruction. The cubic capacities set forth in the Act of Parliament do not there-
fore determine the minimum cubic space in all or even most of the houses in the Scots burghs. One
witness, who has a wide acquaintance with Glasgow property, and who has also valued property in
Liverpool, Dublin, and Belfast, gave it as his opinion that, very broadly speaking, the hving apartment
in Scotland is about a half larger in cubic space than the average living apartment in England or Ireland.
But he admitted that there still existed in Glasgow rooms as small as 700 cubic feet. There are, he said,
some in the older parts, especially in what were probably at one time weavers' rows, very small, and
more in line with the English apartments of to-day. (W. Eraser, 38,082-6.)
362. While it may be the case, as stated by the witness referred to in the preceding paragraph, that
the Scots apartment is about a half larger in cubic space than the English one, it should be pointed out
that a large part of this 50 per cent, difference in cubic capacity may be due to the fact that, as a rule,
the Scots houses have higher ceilings than the English houses.
363. We have had a considerable amount of evidence as to the cubic capacity of Scots houses. This
evidence shows that, while there are rooms in many of the older houses with a cubic capacity of less than
1 000 feet, the tendency of late years has been to build rooms with a cubic capacity considerably exceed-
ing this amount. Thus in 442 of the Glasgow Corporation's dwellings the average number of cubic feet
in one-apartment houses is 2070 ; in two-apartment houses it is 3864 cubic feet, and in three-apartment
houses it is 4504 cubic feet. (Menzies, Appendix LXXI.) In Paisley modern one-room houses have
an average of 1600 cubic feet (Kelso, 38,050) ; at Kirkconnel mining village in Dumfriesshire, two-apart-
ment houses have a total cubic capacity of 2926 cubic feet (Wilson, 3997 (167)). Information obtained
from witnesses in Bo'ness (Louden, 34,388 (37)), Kirkcaldy (Braid, 3564 (26 f.), Hamilton (Brown, 38,805
(1)), showed that in these places there is a similar tendency to increase the cubic capacity per room.
364. Thus, from these facts, we reach the following very general conclusions. There has been a
decided rise in the standard of air space per apartment in the last half century in Scotland. In certain
REPORT. 45
old districts of the cities the average at one time was under 1000 cubic feet, whereas, in recently-built
cottage property, it varies from 1450 to over 2000 cubic feet per apartment ; also the modem Scots
apartment is larger than the English, the excess being variously estimated as from 20 per cent, according
to floor space, and 50 per cent, according to cubic space. The figures given above will serve as a general
introduction to a survey of typical houses, old and new, in the Scots burghs.
Repbesentative Types of Workmen's Houses in Burghs.
365. From these general remarks on the standard of building and size of rooms in Scotland, we
may pass on to the attempt to classify and describe the most representative types of house occupied
by the working man in the burghs of Scotland— ^^rsi, distinguishing the main tjrpes of house, and then
describing certain representative examples. It will, of course, be necessary to describe in greater detail
the inferior types of house, those which are near or below the minimum standard of habitability, since
the treatment of these and their replacement by satisfactory dwellings form the heart of the housing
problem ; but the better and more modem type of house must not be overlooked, as it also presents
defects which ought to be avoided in future. In describing the worst houses, the details will, in the main,
be taken from official reports— in most cases those of the Inspectors of the Local Government Board,—
but in the great majority of cases we had ample opportunity of satisfying ourselves that the conditions
dealt with are by no means exaggerated. We visited many of the individual houses referred to in this
chapter, and, while the instances cited are drawn for the most part from a limited number of towns,
which happen to have been the subject of especially close inquiry, the inspections made by us in all parts
of Scotland have left no doubt on our minds that the worst conditions, or conditions little short of the
worst, are to be found in a large proportion both of the cities and the smaller burghs.
366. At the very outset the problem of classification arises. The most obvious distinction between
different types of house is that depending on the number of rooms ; and it would be possible to take
in succession the one-room, two-room, and three-room house and consider certain typical examples
of each. But to do so would involve a considerable amount of repetition ; for, in certain classes of pro-
perty, houses with different numbers of apartments may have important points of resemblance in other
ways, while one-room houses in old and new tenements, or in tenements and cottages, may differ
widely even in the same town. It seems, on the whole, more satisfactory to set out from the broad
distinction between the cottage, or self-contained house, and the tenement, and to see how the one-, two-
and three-room house respectively appears in these fundamentally different forms. Between the two
forms we find the intermediate type with two storeys, or two storeys and attics ; and this in turn
may be divided into the old properties which are still found in large numbers in certain burghs, particu-
larly those which were formerly centres of the weaving industry, and the modem " double-flatted "
cottage. The main division may, then, be taken as that between cottage and tenement property, with
the two-storey building as a connecting-link ; and under this division other special types, such as sunk
flats and cellar dweUings, may be introduced as we proceed.
367. A classification on these lines will work out as follows : —
(i) Cottages divided into —
(o) One-room (" single-end ") : a special class being loom-rooms now converted into one-
apartment dwellings ;
(b) Two-room (" but-and-ben ").
(ii) Two storey, or two storey and attic buildings, including double-flatted and two-storey cottages,
(iii) Tenements, divided into —
(a) Old tenements, now subdivided ;
(b) The mid-nineteenth century tenement, often built as a -" back land."
(c) The balcony tenement.
{d) The recently-erected tenement with modem fittings.
Houses of one, two, and three rooms ape to be found in all four classes of tenement, except that there
are few or no three-room houses in " old tenements- — now subdivided " ((iii) (a) above).
368. We caimot claim that the above classification is either exhaustive or rigorously scientific ;
but it will probably assist to give a bird's-eye view of representative conditions in the burghs of Scotland,
and may do so more effectively than a purely statistical division based on the number of rooms alone.
In fact, owing to that favourite institution, the " bed-closet," it is not always easy to distinguish rigidly
between houses of one and two, or two and three rooms. On one occasion, a sharp conflict of evidence
as to whether a certain group of houses had one or two rooms, found its solution in the fact that the second
apartment was so small that it could be reckoned either as a room or as a bed-closet according to the
standard and prepossession of the witness.
(i) Cottages.
369. We do not think it necessary to describe in much detail the single-storey cottage as it exists
in Scottish burghs, since it is, as a rule, a survival from rural or semi-rural conditions. Thus the descrip-
tions given by us in the parts of the Report which deal with agriculture and mining of the older type
of cottage apply also to these, in so far as they are still foimd in the burghs. It must, however, be
noticed that in many instances the worst types of miners' rows, both as regards the structure of the
houses, their surroundings, and defective sanitary accommodation, are still to be found in large centres
of popidation and under burghal administration. The older and more dilapidated type of rural cottage
may also be found in isolated instances on the outskirts of the large towns ; and in certain of the smaller
burghs, particularly in the north of Scotland, such cottages form a considerable portion of the total
housing of the burgh. The defects in such cottages, universally reported in the evidence from the
counties, are foimd equally in those burghs in which they are still found.
46 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
370. As indicated above, the chief distinction in the single-storey type of cottage is between the
" single-end " and the " but-and-ben," and each of these may be referred to briefly : —
371. One-room Cottage.— The " single-end " cottage is found in the Scots burghs, but it is particularly
prevalent in the West of Scotland coalfields. It has been formed in some cases through the division
of two-apartment cottages into two separate dwellings, a process over which Local Authorities have not
hitherto had sufficient powers of control, and which has gone on even in quite recent times. (Dittmar,
393.) But in the- majority of cases the " single-end " has been erected as a one-room dwelling. In
either case the object has been to meet a demand for a house at a low rent, but yielding a higher return
to the owner than larger dwellings. (Wilson, 4006.) As a representative of the Wishaw Housing
Association put it, " all our single-ends are deliberately intended." (Downie, 41,250 (16).)
372. The cottage of this type, by whichever process it has come into being, has serious defects
from the point of view of structure, apart from the question of occupancy or of its fitness to house a
family. Though not technically a " back-to-back " house, at least in the majority of instances, it has
frequently all the defects of this much decried type of dwelling. As a rule, the only means of ventila-
tion, lighting, and exit are in the front of the house, the back wall being either imbroken or possessing a
window quite inadequate to provide through ventilation. One witness argued that it is actually inferior
to the English " back-to-back " house, as it is commonly " closed back, sides and top." The provision
of sanitary appliances is often shamefully inadequate, as will be shown in detail later. The lack of
bedrooms is supplied by the frequent use of recessed beds. Of 78 houses reported on by the Wishaw
Housing Association (44 being one-room houses, measuring on an average 1833 cubic feet per house,
including all recesses, with an average rent of 2s. 7Jd. per week), 63 had two recessed beds in the kitchen,
and 3 had one. Out of 72 houses only 17 had water in the house. In 18 cases there was no washhouse
accommodation, and in 16 no coal cellars, the coals being kept below the bed. It was stated by the
witness that these houses formed part of properties consisting of 790 houses, of which they were t)rpical ;
only 27 were empty in that number, and of these 20 were in course of repair. (Downie, 41,250 (36).)
373. As an extreme example, we give the following description of two cottages in Wick : —
These two cottages are each of one room. The walls are of stone, plastered on the hard and
damp. The roofs are tiled and leak badly. In one house there is no ceiling, and in the other small
spars with thick cartridge paper attached to them form the ceiling. There is a wood partition between
the houses. The windows are single sashes, and do not open. The rent of the houses is £2 per
annum. The houses are in a wretched state of disrepair and uninhabitable. (Report by Inspector
of Local Government Board, Appendix CLXXIX. (18) (c).)
374. Another example of the level to which a small house may (very literally) descend was noted
by us in a northern fishing community, also in a burgh. The doorway was only 4 ft. 4 ins. clear in height.
From it steps led to the kitchen, the floor of which sloped away fiirther to a level of 2 ft. 3 ins. below
the threshold, giving a total height of 6 ft. 7 ins. for the kitchen, off which opened a small bed-closet.
The lighting was defective, as may be imagined, but the proprietor, who occupied the house, could not
be induced to make any improvements, for, as the representatives of the Local Authority stated, even
rates amounting to a few shillings could seldom be extorted from him and others in a similar position.
375. In general we hold strongly that houses of this type, where they still exist in the burghs, com-
bine many, if not all, of the most serious defects, such as inadequate air space, lighting and ventilation,
dampness, and lack of sanitary and other conveniences.
376. Old " Weaving " Properties. — A special class of dwelling f oimd in certain of the old weaving towns
has been formed by the conversion of old " loom shops " into one-apartment dwellings. The Burgh
Surveyor of Bathgate gave a carefully compiled account of houses of this type, the result of an investi-
gation carried out in December 1909.
In the course of the investigation each room visited was measured, and its cubic capacity
ascertained. In applying the standard applicable to " ticketed houses," it was found that the
minimal limit of 400 cubic feet per person was not reached in 122 houses, this being overcrowding to
the extent of 43-41 per cent, in the 281 houses occupied. Themeagreness of the cubic capacity in many
of the rooms was due not so much to restricted floor area as to the limited height of ceilings. This
varied from 6 ft. 1 in. upwards, and only 23, or 8-18 per cent., reached or exceeded 9 ft. 6 ins.
from floor level.
The major proportion of apartments now tenanted as one-room dwellings in Bathgate were
not originally intended to be such, but were used as " loom shops " in the palmy days of hand-loom
weaving. As the industry languished, and a subsequent demand arose for housing accommodation,
the workshops were converted into living apartments. It was not surprising, therefore, to find as a
rule walls rough and damp. The absence of damp-proof courses was evident, and moisture in not a
few cases exuded on the internal surfaces. A large proportion of these houses was occupied by
miners. It is a suggestive fact that of the deaths occurring in the single rooms 64-82 per cent, had
diseases of the respiratory system registered as the primary cause of death. (A. L. Reid, 3346
(2 and 11).)
377. We found somewhat similar conditions prevailing in Forfar, where, out of about 2900 inhabited
houses, about 700 have one room, and about 300 are of the one-room and closet type, having a wooden
partition dividing off a space suitable for holding a bed. (Peffers, 34,493 (5).) The parish minister
stated that in the town there were large numbers of houses consisting of one large room. Those
houses originally were loom stances ; they were never built for dwelling-houses, but with the develop-
ment of the power loom they became empty, and then they were used as dwelling-houses. The windows
are small. If there be a second room, very often it is a sort of garret. In many houses one could put
one's finger right through the roof. In some of those houses it is difficult to stand straight up ; and
in one particular house where a fimeral service was being held, the minister had to stand with his head
bowed, unable to stand upright. And yet families are living in this condition. There are very few
divisions in these houses. If there is a division, it is a very small one, " where might be put the washing
REPORT. 47
' or the coals." The difficulty of living decently in such dwellings, where there are no conveniences and,
in spite of recent improvements, where the water is often outside, need not be emphasised. (Rev.
W. G. Donaldson, 34,635, 34,649 ff.)
378. Two-room cottages. — These cottages are, in most instances, of the " but-and-ben " type
familiar all over rural Scotland, and still to be found iii diminishing numbers in certain of the burghs.
A door enters into a short passage, with rooms to the right and left. Sometimes there is a small third
room, or bedcloset, entered either by a door opposite the entrance, or, in some cases, through the kitchen.
The chief variation from this type is the " through house." It is the tjrpical form of two-room house
in most miners' rows, and, while not common in the burghs in its single-storey form, it is worth mention-
ing here to distinguish it from the " but-and-ben." It is probably more satisfactory than the latter from
the purely hygienic point of view, as it allows of effective through ventilation, but from the point of view
of convenience and privacy it is decidedly inferior. If it is provided with a back door this arrangement
has a certain advantage, as it leaves room for a scullery, and enables the dirtier work of the house to be
carried on at the back. If there is only one door, or if only one is in regular use, the value of the accommo-
dation is seriously limited by the fact that the kitchen is used not only as the family living-room and
as a sleeping apartment, but also as a passage through which the occupants of the " room " pass in and
out. This disadvantage is a serious one wherever a " through " two-apartment house is occupied by a
large family ; and still more so if one of the apartments is sublet. In this case the sink and other con-
veniences are all attached to one-half of the house, and an instance was quoted in which occupants of
the other room had to walk round the end of the row in order to reach them. (J. Wilson, 3997 (20, 21-24).)
379. Structurally, the old " but-and-ben " cottage is open to much the same condemnation as the
" single end." It is the exception to find adequate means of through ventilation, and there is often no
window, or only a small fixed window in the back wall. In fact, as regards dampness, the advantage
perhaps lies with the " single-end," as, in that case, the kitchen fire may have some effect in drying the
house as a whole.
(ii) Two Storey or Two Storey and Attic Buildings.
380. This type of dwelling is common in a great many of the smaller Scots burghs, especially those
which have not been the centres of large industrial expansion during the latter half of the nineteenth
century. It is probably true to say that in that class of burgh this type of house predominates. In
the large cities and in rapidly expanding burghs the high tenement is very much in evidence. The
high tenement also has held the field for centuries in the older fortified cities, such as Edinburgh and
Stirling. It is somewhat curious to note that in a central district of Glasgow, such as Anderston, old
village properties of the two storey and two storey and attic type still exist to a considerable extent,
and, as might be expected, most of such properties are in bad repair. (Miss Rutherfurd, 22,110 (2).)
381. In some cases the two storey and two storey and attic dwellings under discussion consist of
houses formerly of four or more rooms, now subdivided into one- or two-apartment houses. We will
describe the evils of this process of subdivisions in detail somewhat later. (Paragraph 404.) In several
cases the ground floor and first floor were designed to be used separately. If there is a self-contained
house on the ground floor the upper floor is usually reached by an outside stair. In some cases this
stair connects with an outside balcony, leading to two or more different dwellings — an arrangement
not uncommon in the older property in Dundee. The attics, if there are any, are frequently let apart
from the rooms below, but in some cases may be let with the first floor.
382. This whole class of house is old, dating very frequently from the earlier part of the nineteenth
century, and consequently it is common to find a lack of conveniences, while floors, woodwork, and
windows are in defective repair. Where sinks and water-closets have been introduced they are situated,
in some cases actually seen by us, in a dark passage on the ground floor leading from the entrance door,
where no direct daylight can enter, and where they ventilate upwards through the whole building.
383. But description of the kind given in the preceding paragraph does not convey an adequate
idea of the very bad condition of the structure and the fabric generally of these houses. Adequately to
impress the minds of people who have not seen such houses, it would be necessary to give a somewhat
intimate picture of the conditions of life of the inmates of these houses. This, however, is not the pur-
pose of this chapter, and therefore we confine ourselves to a description of the fabric, structure, etc.,
for which we find material in the Reports by the Medical and Architectural Inspectors of the Local
Government Board, which will be found in the Appendices. There is also abundance of material in
the evidence generally, but, meantime, we will confiine ourselves in this regard to evidence which was
put before us by Sanitary Inspectors or by other responsible witnesses, such as representatives of a
Trades Council as well as by the Local Government Board officials referred to.
The descriptions are by no means exaggerated. We visited many of the individual houses referred
to in this section ; and, while the instances cited are drawn for the most part from the limited number
of towns named below which happen to have been the subject of especially close inquiry, the inspections
made by us in all parts of Scotland have left no doubt on our minds that the worst conditions, or
conditions little short of the worst, are to be found in a large proportion both of the cities and the
smaller burghs.
384. The towns covered by the evidence selected as mentioned above are as follows : — Perth,
Galashiels, Inverness, Dingwall, Hamilton, Dimfermhne, Dundee, Lerwick, Wick, Arbroath, and
Dumbarton.
385. The houses dealt with were —
(a) One-apartment houses.
(6) Two-apartment houses,
(c) Three-apartment houses.
\d) Attics,
A large number of houses is covered by the Reports of the Local Government Board's Inspectors
and by the evidence from the other witnesses referred to. All these houses may be described as bad,
48 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
some very bad, none of them really are proper homes for famUies, and some are absolutely imfit for
human beings to live in. The following defects were to be found in the great majority of the
houses : —
Ceilings low and requiring repair.
Walls very damp.
No water in the house and in many cases rooms dark and ill-ventilated.
Lighting and ventilation defective.
The closes leading to houses dark and evil-smelling.
No water-closet accommodation or very little, and that exceedingly bad. Where this accom-
modation exists there is often only one water-closet for four, five, or more households.
In some cases : —
Houses in a very bad state of disrepair.
Stairways and floors sagging, even dangerously so.
Floors on the ground level are sometimes on the level and sometimes much below the level
of the close or adjoining land, with the result that the surface water soaks in through the
walls and foundations.
Houses without rones.
Some with rones but without down pipes.
In the case of one house the ground abuts on one side to about the level of the ceiling of the lower
room and the walls are damp. This room is dark and badly ventilated. In a good number of cases
the ceilings were not 7 feet high, and actually in the case of one two-apartment house in Hamilton the
second apartment was only 5 feet long by 5 feet 9 inches wide by 7 feet 4 inches high, containing in all
211 cubic feet.
386. In Arbroath it was stated there are 763 one-room houses, and of these fully 60 per cent, are
attic houses.
387. The Medical Officer for Dundee in his Report for 1910 (which Report is cited in the late Miss
Walker's statement, 35,103 (43)) points out that the majority of houses dealt with during that year
were single attics in which the ceilings were low, 6 feet to 6 feet 9 inches, the hghting and ventilation
inadequate ; walls, ceihng and floor in bad repair, and provision of sanitary accommodation insufficient.
In Hamilton one attic house visited was very close, dirty and ill-smelling, a smell of Polish or NeapoHtan
rdther than of Scotch dirtiness. (Dr Dewar, Appendix CLXXV.)
; 388. Dr Dewar, Medical Inspector of the Local Government Board (Appendix III.) reported in
*^ regard to a house at Dunfermline that in front of the window there is a pool of dirty water about 20
square feet in area and 1 J inches deep at the centre, that the tenant put up a wooden barrier to keep the
water out of the house where it used to flow right in. In this house there was no flooring under the
bed, only earth and loose stones, and the inmates had to use insect powder to keep down the beetles.
In this house of one room lived a husband, wife, son, and three daughters. In another house in Dunferm-
line Dr Dewar found the roof very defective, coals kept below the bed, floor of brick in poor repair, wall
damp at the back. He reported that the tenants had complained since they first came, and had received
promises but nothing more.
389. In certain houses in an area in Hamilton it is reported (ex-Provost Keith, Appendix V.) that
the plaster work is old and crumbling, the ceiling very imeven, very much broken and in danger of fall-
ing ; that all the walls are damp, that the wooden floor under the back bed is in very bad order as it is
rotted clean away.
390. One further objection to some of the houses covered by the evidence referred to is the bad
state of repair of the woodwork resulting, in some cases, in the house becoming infested with bugs.
This is a very unpleasant topic, but, undoubtedly, there is evidence to support a statement that this
condition of things is not imcommon in these old houses. The presence of vermin of this kind may be
partly due to the uncleanly habits of the tenant, but it may often be and is owing to the ruinous con-
dition of the floor, walls, and ceiling. It is cert-ainly desirable that an incoming tenant should be pro-
tected against having a house handed over to him in a condition such as we have indicated. It is also
in the interests of public health that a strict supervision should be had over houses of this kind, because,
as one witness stated, school children in a verminous condition who may have been cleansed at the
instance of the School Board often become reinfected on their return home. (R. C. Lyon, 35,549 ;
Stuart, 36,460.)
390a. We have made our descriptions of the properties referred to of a somewhat general kind,
and therefore we have not inserted particular references to the evidence. Support for the description^
given by us will be found in : —
(1) The Reports of Dr Dittmar, Medical Inspector, and J. Wilson, Architectural Inspector
respectively for the Local Government Board. Appendices CLXXIII., CLXXVL, CLXXXIX.
(2) Report by Dr Dewar, Medical Inspector of the Local Government Board. Appendices
III., CLXXV.
(3) A statement by J. M. Rae, representkrg the Perth Trades Council. Appendix CXXV.
(4) An extract from the Report of the Medical Officer for Dundee for 1910 cited in a state-
ment of the late Miss Walker of the Dundee Social Union. (35,103.) (Paragraph 43.)
(5) The evidence of A. Fraser, Convener of the PubUc Health Committee of Inverness, and
also as Representative of the Incorporated Sanitary Association of Scotland. (14,872 (4).)
(6) The evidence of Alex. Knowles, the Sanitary Inspector of Inverness. (14,458 et seq.)
(7) A statement handed in by ex-Provost Keith of Hamilton. Appendix V.
391. The descriptions given above are not meant to suggest that there are no sanitary or satis-
factory properties of the old two-storey type left in Scotland. They do, however, apply to a type of
building which in the main has now been departed from and which naturally comprises a large proportion
REPORT. 49
of dwellings which are both out of date and out of repair. The conditions of the structure and fabric
generally are bad, and there are many serious defects owing to dampness, want of ventilation, want of
sanitary accommodation or inadequacy or unsuitability of sanitary accommodation, leaking roofs, etc.
No doubt a great many of the defects are the result of the houses being out of date. None the less, the
properties are used for housing human beings ; there are, speaking generally, no other houses available
for people to go to.
392. Double-Flatted and Two-Storey Cottages. — Building of working-class houses of any kind had
practically ceased for some years prior to the war, but during the last sixty years of active building, in
the majority of towns which had grown with any considerable rapidity during that period, this tjrpe
of building had been steadily superseded by the regular tenement-block of three, or more commonly
four, storeys. This will be described later. (Paragraph 396 et seq.) But there had also been a develop-
ment, though Umited in extent, of the two-storey building into improved forms. In the Burgh of
Kirkcaldy, for instance, the prevalent type of building had, according to the Sanitary Inspector's evidence,
been the two-storey tenement, with four houses to the block, a through passage, and an outside stair
at the back leading to the upper storey. (Braid, 3564 (24).)
393. More important, as representing a wider variation from the predominant type, has been the
erection of two-storey and double-flatted cottages in different parts of Scotland, in the provision of which
building societies have taken a considerable part. The former type of house, with from three to five
rooms, the upper rooms generally having storm-windows, represents the nearest approach to the
EngUsh type of working-man's house. They are commonly built in long terraces, but have good garden
plots, in front or at the back, or both. In some cases the semi-detached cottage had also been erected.
The rooms are somewhat larger than those in the typical EngUsh cottage ; and in the more recent
specimens of the type, bathrooms and other improvements have been added.
394. That cottages of these types are appreciated by the better-paid workers of the towns where
they have been erected is emphatically stated. For instance, the Falkirk Building Society, which has
been in existence for upwards of fifty years, had induced many working men, formerly occupying room-
and-kitchen houses in tenements, to occupy and acquire semi-detached cottages, of which the Society
had built or acquired about 420. (Ramsay, 39,678, 39,680.) These cottages consist of three rooms
and upwards, each cottage as a rule having front and back garden plots.
395. There is, however, some difference of opinion as to which type is preferred— the self-contained
cottage with internal stair or the " double-flatted cottage " in which each floor is separate with an in-
dependent entrance. The building societies at Falkirk and Dumbarton have built cottages of the
former type ; but the latter type has been increasingly adopted by the Edinburgh Co-operative Building
Company, Limited. The Manager of the Company stated that a great many of the houses had an outside
stair for the house above ; that the flatted houses, one above the other, were preferred to the self-contained
houses with up and down stairs ; and that the housewife hked to have all her rooms on the same floor.
(Mill, 39,393.) The double-flatted cottage has also been erected in considerable, although not propor-
tionally, large numbers, usually with two rooms and scullery in each house, in the rapidly-growing towns
and villages in certain mining districts.
(iii) Tenements.
396. The tenement of three, four, and, in certain cases, five or more storeys represents the final
development of housing during the nineteenth century in the great majority of the larger Scots burghs.
It is important to understand what led to this line of development, so different from the two-storey
self-contained cottages which form the prevailing type in English towns. A clear statement on this
point was furnished to us by the City Engineer of Edinburgh, who gave an account of the rise, progress,
and decline of the Scottish tenement.
397. If we look to the City of Edinburgh for illustration of such causes, we find an ancient walled
city, extending from the Castle to Hotyrood, and comprising the Lawnmarket, with the few cross streets,
and the multitudinous narrow closes which fill in the intervening belt of land. Each of those closes
is practically a street in itself, fronted or closely hemmed in by tall tenements — centuries old — and
at one time, in many cases, the resort and abode of fashion and of society.
398. Unable to extend for fear of attack from the south, whilst upon the north the city was water-
bound and rock-bound, the growing population of the city could only expand skywards ; hence, no
doubt, those thickly-built closes and their many-storeyed tenements.
399. Upon this agglomeration — reared imder such straits — -there followed the districts of West
Port and EUgh Riggs, Potterrow and Pleasance, Richmond Street and the suburb of St Leonard's, all
of them now the abode of the labouring class ; taking their type from the tenements of the ancient city,
and seeming .to impress the stamp of perpetuity upon the tenement as the pattern of the city's future
building growth.
400. The modem reproductions of the tenemented plan, which may be seen in the working-class
suburbs of TynecaStle, Gorgie, Restalrig, Easter Road, etc., are not — like their prototype — ^the product
of necessity, but that of choice and evil example, from which it appears difficult to depart.
40L The early example of the tenemented system, so set in the Scottish capital, would appear
to have given to other Scottish towns the type for their copy in the soaring fiats which have acquired
for the towns of Scotland this particular unenviable and distinctive feature. (Horsburgh Campbell,
18,745 (22-26).) To the explanation in the last sentence it should probably be added that the example
of Edinburgh has been reinforced by that of certain other ancient-walled cities, e.fj. Stirling, where similar
conditions produced the same effect, and these may also be seen in very many Continental cities, where
building space was limited by the circuit of the city walls.
402. As regards the present condition of different classes of city tenements, a careful account and
classification was given by Mr Lome Campbell, F.R.I.B.A., one of the representatives of the Edinburgh
Garden City and Town Planning Association. He grouped the existing housing of the working classes,
as in the larger Scottish towns at least, in five sections, as follows : —
4
60 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(a) The lower class of subdivided house, viz. better houses that have come upon evil days owing
to age and the depreciation of the districts in which they are situated. Subdivided mostly into single
rooms, rented at from Is. to 3s. 6d. per week according to size, etc., and tenanted for the most part by
the unskilled labouring class.
(b) The better-class subdivided house, differing from the above merely in that the locality in which
it is situated is sUghtly better, and that the subdivision varies from the single room to the room and the
bedcloset, and even to two rooms. The rents here run from, say, £9 to £10 per annum (with, in addition,
a heavy charge on account of taxes), and the class of tenant is better.
(In both of above sections the sanitary arrangements are, as a rule, common to a number of houses,
and situated od a public landing or passage.)
((•) The deliberately erected tenement — having four houses per floor, and sixteen to twenty per
common stair. Accommodation of houses varying from room, kitchen, and water-closet to room, kitchen,
bed-closet, and bathroom. Rents, £11 to £12, with, say, £2, 4s. of occupier's rates. Tenants of good
artisan class.
(d) The tenement having three houses per floor, and nine to twelve per common stair. Accommoda-
tion, two rooms, kitchen, and bathroom. Rents, say, £18, and taxes of, say, £3, 7s. Tenants superior
artisan class.
(e) The best class of tenement, having two houses per floor— probably six entering from the common
stair, and two forming maindoor houses, with frontages varying from 50 to 60 feet. Accommodation,
three to four rooms, kitchen and bathroom, with, in many cases, a small " outbuilt" scullery off the
kitchen. Rents varying from £27 to £29 for houses in narrower frontage blocks to as much as £37 for
those in the larger. These houses may hardly, however, be correctly described as working-class houses.
(A. Lome Campbell, 19,457 (6).)
403. It will be noted that the above classification is similar to that which we will observe in this
chapter ; but Mr Lome Campbell distinguishes between two classes of subdi\'ided tenements and omits
the balcony type of tenement, which is not common in Edinburgh. As he suggests, his fifth class of
tenement falls rather outside the subject of this Report.
404. (a) Subdivided Houses and Tenements. — The subdivided house or tenement was described and its
ill-effects strongly emphasised by several witnesses. The practice of subdivision of old houses and
tenements, while common throughout the larger towns of Scotland, is met with to a very large extent
in Edinburgh, and we shall confine our discussion of the subject chiefly to the facts as revealed in
Edinburgh. In the poorer parts of the city many of the old houses accommodated large estabhshments
in the days when Holyrood kept couVt, and the aristocracy with its retainers Hved in the immediate
neighbourhood. There are many of these houses in the Royal Mile, and they can be recognised by their
large, well-proportioned rooms, with panelled walls and sometimes with remains of beautiful artistic
workmanship in the plaster work of the ceiUngs or on the mantelpiece or stair-railings. The method of
subdivision practised has been to partition the large rooms, add sanitary accommodation in a haphazard
fashion where possible, and let them as houses at a low rent to a poor population. The houses are fairly
healthy if they are well managed and overcrowding prevented, the objection however being the multitude
of families crowded on to each stair.
405. A much more objectionable form of subdivided house is f oimd in the large tenement, built during
the first half of last century, and intended originally to accommodate, say, from six to eight families. As
the district became unfashionable the proprietor was left with empty houses, and had perforce to
reduce the house to the lower standard of its surroundings, and to accommodate the lower and more
poorly paid class who were wilhng to five in it. This he did by subdividing the flats, so that they probably
accommodated from two to four or even five times the number of families for which the structure was
intended. Had this work been done under control and regulation of the Local Authority it might
have been a fairly satisfactory way of providing houses at cheap rents for a class of the population
unable to pay for modern accommodation. But it was soon discovered to be, from the landlord's point
of view, a profitable form of house expansion. So long as the structure was not interfered with, any
such subdivision did not until 1891 come under the cognisance of the public authority, and therefore
there was no Umit to the number of the families which might be housed, and no compulsion as to the
amount of sanitary accommodation required. A few instances are cited in order to show the evil of
the condition, and the necessity for very strict regulations in order to prevent it.
406. In one case a tenement of seven houses with a population of about 35 was subdivided into
23 houses with a population of 73 ; in another, eight houses with a population of about 40 was subdivided
into 34 houses with a population of 114 ; and in another, seven houses with a population of about 35 was
subdivided into 43 houses with a population of 134. It is easy to gather from these instances with what
rapidity a district may become an over-populated and densely crowded one. (Williamson, 5539 (44).)
To a large extent one- and two-room houses have been created by this subdivision and re-subdivision
of large tenements which formerly consisted of spacious flatted houses of from four to six rooms. " The
' subdivision of houses has largely been resorted to in districts of the city already densely populated, and
' this has had the effect of creating over-populated slum areas, with the attendant evils of increase in
' density of population per acre, filth nuisances, overcrowding, general deterioration of the properties
' themselves, and amenity of the districts." (Rutherford, 17,947a (25) ; Eunson, 5699 (9).)
407. Further, in many cases subdivision has not carried with it provision of sanitary accommodation
of a proper kind. In Ward II a great deal of subdivision has taken place, and the number of houses
with separate water-closets is as low as 18 per cent., while in other wards it rises to 85 per cent. (Ruther-
ford, 58 1 8. ) The representatives of the Edinburgh and District Trades Coimcil say : " We speak within our
' own knowledge when we say that houses of six rooms have been converted into six single houses with
* one water-closet only opening to the stair, and in some instances not doing that, the only ventilation
' being at the door." (Eunson, 18,155.) " This practice of ' subdivision,' " says Mr Campbell,
City Engineer, " has attained a dimension against which it is difficult for even fresh legislation effectively
' to compete, unless it is of a thorough and drastic kind and in its application made to embrace houses
' that have been already subdivided, as well as to regulate and' control future subdivisions. It is one
REPORT. 61
* of the chief evils in the housing problem ; profitable to owner, and tempting to the tenant. And the
' difficulty is, notwithstanding local legislation, it still goes on unknown." (Campbell, 18,745 (28).)
408. A certain amount of power is at present available under local Acts in Edinburgh, particularly
section 48 of the Act of 1891, for the control of this subdivision, but according to the City Engineer there
is much difficulty in finding out when the subdivision takes place in cases where no structural alterations
take place. It may be twelve months or more before the City Authorities ascertain through the medium
of the Valuation Survey that the subdivision has been made, and the City Engineer says he is advised
legally that imless he can specify precise, or at least closely approximate, dates when the subdivision
took place, a prosecution for contravention of the existing powers would fail. (Campbell, 18,758 ;
Young, 40,460 ; Williamson, 40,726.)
409. It would appear, too, as if by a later Act, viz. that of 1913, the powers imder the local Act were
limited in their application to such subdivision as would increase the number of houses above nine in a
tenement with an inside stair or above twelve in the case of a tenement with an outside stair or balcony.
(Williamson, 40,726 : Young, 40,450.) We consider that whatever the size of the house or the number
of houses in a tenement, any subdivision of whatever land or degree should be subject to the approval
and certification of the Local Authority. If the owner or other person responsible permits the occupa-
tion of such subdivided house without a certificate of the Local Authority or their officers, this should
be made a statutory offence punishable by fine. The evil is rampant ; it is, moreover, of a very far-
reaching kind in its degrading influence on the inhabitants of these dwellings — physical, moral, and social ;
and the remedy must be correspondingly drastic.
410. As will be seen, we have dealt above with the conditions in Edinburgh, but we think it proper
to add some confirming evidence from other towns, as the subdivided house is a widespread and important
phenomenon. Certain of the particulars given in the immediately following paragraphs regarding the
defects of the mid -nineteenth century tenement may be taken as applying to subdivided property. It
is indeed difficult to say where subdivision begins and ends ; because, while in some cases a whole tene-
ment block may be " made down " more or less systematically, at other times the process goes on
furtively by gradual and irregular stages. Subdivision is also found in the smaller towns in the two-
storey property already described. Thus it was stated that in Inverness it is not uncommon for a two-
storey house, originally occupied by the owner, to be subsequently divided, the upper portion being
perhaps let to a young couple, and the downstairs rooms let separately to two old people, the entrance
remaining common to the three sets of occupants, (i'raser, 14,940.) The sanitary arrangements, if
there are any, will also be common.
411. Descriptions of subdivision may also be quoted from two other towns, very different in most
respects, as follows : —
Dingwall. — Overcrowding is common in many houses, and the demand for housing accommoda-
tion has been so great that many houses which had originally four rooms have been subdivided into
two and four separate houses to meet this demand. (Dittmar and Wilson, Appendix CLXXIII. (20).)
Hamilton. — Many of the houses were once the residence of the well-to-do, as is shown by the
woodwork panels, a marble mantelpiece, etc. (Dewar, Appendix CLXXV. (8, 13, 14).)
Street. — Houses of two rooms ; one small, the other extremely so. A poor and dirty
place, though the mantelpiece is of white marble covered with decades of black lead. Floor of the
" larger " room is very uneven. That of the smaller room has recently been renewed.
Street. — Here passages 32 inches broad have been put up within the last ten years on
both first and second storeys. (Dewar, Appendix CLXXV.)
412. Two other statements may be quoted, referring to property of very different types. The
Sanitary Inspector of Dumbarton said that in the district known as Dennystown, where the hoiises are
in fairly good condition and have been specially built as room and kitchen houses for the working
classes, with a free air space under 1800 cubic feet, sufficient (on the present standard) to accom-
modate a man, his wife, and five children — a great number of these houses have been divided into two,
thus forming single apartments, many of which do not reach 800 cubic feet, being barely accommodation
for two adults. These. single apartments are let at a rent of 2s. 4d. per week, are generally occupied
by a family, and are always overcrowded. (Briggs, 33,929 (2).) Finally, we refer to the evidence of the
Sanitary Inspector for Greenock, a town where subdivision has been frequent, and where it has been
carried out in tenement dwellings of the same general type as those of Edinburgh or Glasgow. In the
majority of these cases the houses are old, and in many instances are approaching the stage when, despite
the endeavour to keep them in serviceable condition, they must be classed as uninhabitable. These
houses have passed through the various vicissitudes common to houses in towns where, with the changing
conditions of life, what in former days had been looked upon as residential quarters have now become
the refuge of the poorer classes. To meet the requirements of this class the internal arrangements of
many of the properties have been altered and the houses have been made into smaller houses. Thus
houses which at one time must have been sufficiently ventilated are now subdivided and so arranged
that through ventilation is impossible, and the dwellings answer to the definition of back-to-back houses
within the meaning of section 43 of the Housing, Town Planning, etc., Act. (Devine, 33,207 (12).)
413. It is obvious that the larger the building affected, the more serious the result for the tenants
in caasing congestion and personal friction in various forms. Miss Rutherfurd mentioned that in
Richard Street, Glasgow, 37 dwellings entered from a single stair (a number very similar to that found
in subdivided dwellings in Edinburgh) ; and that, owing to the way in which the subdivision had been
carried out, the houses were to all intents and purposes " back-to-back " — a point to which we must
return immediately (22,144-7.) It is thus clear from the facts already given that the sub-
divided house forms a serious problem for not a few of the Burgh Authorities of Scotland. The
possibility of checlcing this dangerous process by legislation, or of controlling it administratively, is
above discussed in connection with overcrowding in Edinburgh, where the problem has been most acute
and on that account has been most seriously faced, and in the chapter on Tenements (Chapter VIII.)
we make certain recommendations for the replanning of old tenements, including the control of sub-
52 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
division of houses and tenements. But the problem of subdivision cannot be separated rigidly from the
other problems of housing. It is in part an economic one, viz. that of housing decently the working
people and more particularly the poorly paid or casual worker.
414. (6) " Deliberately erected" Tenements. — The " deUberately erected "tenement is of the type which
multiplied itself in all the chief Scottish towns during the greater part of the nineteenth century. It
has many defects, and only one distinct virtue — that the rooms are high and reasonably airy, usually
9 or 10 feet and sometimes more. But as regards arrangement, lighting, and sanitary appliances little
that is good can be said of it. The experienced architect already quoted takes as its fimdamental defect
the arrangement of houses round a central stair. He states that despite the best efforts of the authorities
the stair remains badly lighted (particularly in its lower flights) and badly ventilated. The passage
giving access to the staircase from the entrance door, too, seriously curtails the accommodation of the
ground-floor houses, and the whole forms a centre for noisy pl^ on the part of the children, thereby
creating — in conjimction with the question of rotation of cleaning of the stair — ground for constant
quarrelling and bickering among the over-numerous tenants. The situation of the staircase also renders
the satisfactory planning of the houses surrounding it impossible, necessitating, as it does, a large unhghted
area in the centre of the house which is found generally appropriated to the objectionable dark bed-closet,
or almost as objectionable bed-recess. The lack of through ventilation is a defect found in one out of
the three houses on each floor of those tenements having three houses per floor, and the whole of the
houses having four houses per floor. (Lome Campbell, 19,457 (11-16) ; cf. Roxburgh, 19,451a (27).)
A further defect, emphasising the lack of sufiicient light and air, is the arrangement of tenements in hollow
squares, with no opening or only a very narrow opening at the corners.
415. These defects of lighting and ventilation apply very widely. As showing that they are not
confined to the great cities alone, we may refer to the statement of the Medical Officer of Health for
Motherwell, who states that in his opinion the absence of good, bright, unobstructed daylight in any
part of a house is a very serious evil, that many of the larger houses have dark or badly-lighted
passages and closets, and that he constantly finds that such houses are dirty and smell badly. (R. P.
Jack, 34,183 (38).)
416. To this we may add statements from Edinburgh and Dundee. An employee of the North
British Railway Company, Edinburgh, gave the following account of his house : — ■
I have a house (subdivided) of three apartments, which I consider myself lucky to have, at a
rental of £9, 4s. 6d. per year, or 3s. 6|d. per week. If I have the advantage one way, I lose it another,
owing to the kitchen being dark ; therefore I am compelled to burn gas to the extent of Is. per week,
or £2, 12s. per year.
It is easy to see that this item of Is. per week for gas is a very serious one, for a man who has to
support eight persons on an income of 19s., like the witness in question. (Gaynor, 37,841 (13).) (The
figures refer to the period immediately before the war.)
417. A similar difficulty is alluded to in the evidence of the Dundee Social Union. One woman
informed the Union's Infant Health Visitor that she had to burn gas during the day, using a penny-in-
the-slot meter, and generally spending 3d. per day. In the same evidence it is noted that the windows
frequently open on a narrow close or pend, sometimes because the stairs leading to upper flats block
them. Some houses are noted as having inside stairs ; these are often dark, and in the older tenements
the landings are often quite dark and unventilated. (Miss Walker, 35,103 (37) ; R. C. Lyon, 35,555 f.) It
should, however, be stated that the Overgate Improvement Scheme will remove a large number of the
houses with the worst-lighted rooms ; and that one of the representatives of the Dundee Trades Council
stated that the artificial lighting of common stairs was being greatly improved. (R. C. Lyon, 35,552.)
418. Probably the worst type of tenement property from the point of view we have been describing
is that which has a long transverse passage on each flat, off which numerous doors open. Sometimes
the passage runs to right and left immediately at the top of the common stair ; sometimes, though more
rarely, as in the " back lands " in the Cowcaddens (Glasgow) district, referred to later (Paragraph 423),
it runs right through the building from the stair which is placed at one extremity ; and not infrequently
it forms a large T in the centre of the building. In this last type it is obvious tlaat no direct light can
possibly reach the ends of the passage, and very little air. But the defects which are at their worst in
the T-shaped passages are sufficiently pronounced in the other types as well.
419. Strong evidence was led before us as to the impossibiUty of maintaining decent or sanitary
conditions in houses to which access is gained by such passages, into the dead-ends of which hardly any
dayhght ever enters, and which are tolerably lit only at night, thanks to the recent efforts of more than
one Corporation to improve the fighting of common stairs. The Rev. Dr Watson, Minister of St Clement's
Parish, Glasgow, stated that no ventilation worthy of the name could be got from a passage of that
kind, that he had often to strike a match and sometimes carry an electric torch to see the names on the
doors ; that no deafening material seemed to be used in these T-shaped passages and some others ;
that one night when he was in one of these passages he stood at the end of the passage where it divides
and he heard four distinct conversations going on. (Watson, 22,420). In such dwelfings no real
privacy is possible. (Ibid., 22,420.)
420. Similarly, in a description of another part of Glasgow, supplied by Mr Motion, the Inspector
of Poor, it is mentioned that — •
In quite a number of closes in Richard Street and West Both well Street the lobbies are long and
badly lighted ; indeed, in broad daylight one cannot make one's way without the aid of artificial
light. The houses are badly ventilated and damp, and some of them are quite uninhabitable.
(Appendix LXXIII. (x.). See also 20,752 f.)
421 . The Medical Officer of Health for Glasgow described these tenements as presenting an aggravated
form of the back-to-back house, although they were really houses contained within one tenement.
REPORT. ■ 63
If you will follow me up the staircase (he said) and along the lobby, you will find that to the
left you enter a kitchen, and through the kitchen you enter a room ; a little further along the lobby
you enter another two-apartment house, of kitchen and room, and so on ; but what I think is worth
noticing is that right through this tenement, longitudinally, you have a solid partition, which divides
the back houses from the front houses. (Chalmers, 20,219 ff.)
Through ventilation is quite impossible. Dr Chalmers further stated that he considered that a
house of this type ought always to be considered uninhabitable, and argued that they would be judged
so on any common-sense reading of the statutes. He contended that if it is now illegal to build houses
of that kind, for the very same reason any houses still existing of that kind should be held to be unin-
habitable. (Chalmers, 20,222.) The reference is, on the one hand, to the Housing, etc.. Act, 1909,
section 43, in which new " back-to-back " houses are (unless the Medical Ofi&cer of Health certifies that
the houses are so constructed and arranged as to secure efEective ventilation) forbidden to be erected,
with the implication that the type is uninhabitable. {Cf. paragraph 466.) And on the other hand
to section 14 of the same Act, which provides that every house of a rent not exceeding £16 must
be in a condition reasonably fit for human habitation at the beginning of a new tenancy. The difficulty
is much the same as in the case of subdivision just considered — ^the Courts are unwilling to admit that
legislation applicable to new houses must also be applied to old unless the statute states clearly that it
is to take effect retrospectively.
422. This view that houses so arranged (even though there are only four on each landing, as in the
type specially referred to by Dr Chalmers) constitute back-to-back dwellings was also advanced by
the Medical Officer for Greenock in a report submitted in 1912. (Cook, 33,203 (14 (c)) ; cf. Devine,
33,207 (13).)
423. i3ut the tenements with four houses on each landing do not represent the problem at its worst.
The worst type is rather that in which a much larger number of houses opens off a long straight passage
or a T-shaped passage. These passages have been already referred to, but the following description of
them as they exist in the Cowcaddens District of Glasgow may be added from the evidence of the Sub-
Warden of Glasgow University Settlement. He stated that there are new houses in the district where the
general plan of construction is very good, but in the majority of the properties there are narrow passages
branching out from the landings, and as many as six or seven houses opening into them. In many
places the passages are not more than 2 feet 6 inches wide, and they are so built that it is impossible for
any sunhght to enter them. At all times they are dark and damp, and are pervaded with an unwhole-
some smell. (Coultate, 23,780 (22); cf. Ibid. (5) and 23,786 f.) In one street in this district
some of our number visited a property in which there are both " front " and " back lands," running
parallel with the street, in which the passages had as many as ten or twelve separate dwellings opening
off them.
424. The descriptions of tenement property in Glasgow in Chapter II. are also referred to. These
descriptions are taken from the evidence of Miss Rutherfurd, the Warden of Queen Margaret Settlement
and a member of Glasgow Parish Council. (Rutherfurd, 22,110 (2).)
Dr Watson gives an account of some of the worst properties in the Mile-End Ward in the East of
Glasgow. He states that a large proportion of the houses in his parish are in his opinion unwholesome
from a health point of -view. They are too small. They are overcrowded. They are defective in air
space, sunlight, and ventilation. They are cheerless and uncomfortable. He often wondered how any
one could read at the fireside in the evening in some of those houses, and he was not surprised that very
little reading is done, and that most of the inmates prefer spending their time out of doors.
425. The following notes on the worst properties in St Clement's Parish were submitted to us : — •
• Street. — 'Two-storey buildings, with back-land and a small congested court out of repair.
Street. — -An old dilapidated back-land, two storeys in height. Court very much out of
repair. Houses almost unfit for human habitation.
— • — — • Street.— Tvro back-lands built of brick ; houses on ground flat damp, courts
unpaved.
Eoad. — 'Back-lands, dark and damp. Court depressed and water stagnating.
■ — Street. — Back-lands, damp, rubble courts congested. One house at least illegal, being
without ample free space in front of its window.
Street. — -Back-lands are very bad. Those on the ground floor are not fit for human
habitation. Damp and ill- ventilated, or else very draughty. The drainage is defective, and
in wet weather the courts are most unhealthy for children playing in them. This remark applies
to a good many other courts, and the result is seen in an excessive amount of fever and other
sicknesses.
Street can only be described as horrible from a sanitary and health point of view. The
houses are rickety and smoky, the stair dark, filthy, and at night dangerous.
— — ' — • Street. — -Ground-floor houses are most unwholesome. The smell here frequently makes
visiting ladies ill, and they say it is just a breeding-ground of consumption. No matter how clean
the houses are kept, or how well they are ventilated by open windows, the damp, filthy smell is
there.
The closes and stairs are generally dark, and one has to strike a match to find the doors.
(Watson, 22,379 (4-5).)
426. At this point we introduce an account from the evidence given by a witness in the employ-
ment of the North British Railway Company in one of the Border burghs of the actual inconveniences
of life in an old property, much better, indeed, than those just described, but stiU falUng decidedly short
of a satisfactory standard : —
Galashiels. — ^A good many of the houses in Street are single houses, what is called a
" but and a ben," and they are occupied by two tenants. Most of them are very old properties.
Take the downstairs houses first. They are about 7 or 8 feet from floor to ceiling, and from front
64 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
to back they are from 18 to 10 and 11 feet. There are two beds in the kitchens, and there is a little
bit closet which is both pantry and scullery in which there is a sink. All their cooking utensils
are kept there, and there is a small bed in it. A full bed cannot be got into it. The ventilation
is by a small window measuring about 12 inches square, which opens out into a coal-house. There
is a fanlight in some of them leading into the passage, but these fanlights are all closed and let in
no ventilation. Most of these tenants can only open the top of their window for the reason that
if they open the other half to let ventilation in, then they are annoyed at night by cats, rats, and
might I say, human beings. . . . Then with regard to the press accommodation, the houses
have only a single press which goes back only a few inches. There is nowhere to put clothes or
anything else, and the little furniture that they may have occupies most of the room. The outside
accommodation is not very good — small coal-houses and water-closets which have been put up and
which are sometimes 50 or 60 yards from the house, which is a very undesirable thing for the tenants
who may have children and old people going out at night. They practically don't use them at
night. (J. Rutherford, 16,607.)
It is important to note the opinion, strongly endorsed by other witnesses, that the absence of cup-
board space, and facilities for storage generally, forms a gi-ave inconvenience and even hardship.
427. Before leaving the consideration of the older type of tenement, we think it proper to add some
facts regarding two features which are characteristic of it, though also found at times in other types of
old property, viz. {a) underground or cellar dweUings, and (b) box-beds or bed-closets. As these form
definite and circumscribed subjects, we shall in this case add some remarks on the state of the law to the'
purely descriptive account of these features.
428. Underground Dwellings. — We may distinguish two types of underground or partially under-
ground d'welHng : —
(1) The sunk flat, which in certain districts is common in the older and more dilapidated tene-
ments, and
(2) Basements in otherwise sound and respectable buildings, the principal defect of which is
their position.
429. The sunk flats are referred to in the description (from Miss Rutherfurd's evidence) in Chapter
II. regarding the worst streets in the Anderston district of Glasgow. Miss Rutherfurd further stated,
in response to questions, that these sunk flats were, in her opinion, uninhabitable and should never have
been allowed to be occupied. In a great many of these closes, she said, the upper stairs are perfectly
good, but it is the sunk flats that are bad. When asked whether she would approve of the sunk flats
only being closed, she said she would. She did not know how the stair down could be closed, because
it generally leads to any washing or drying ground they have, but suggested that the sunk passage might
be closed with stanchions. (22,290 ff.)
430. Two members of the Commission visited several of these flats under Miss Rutherfurd's guidance,
and can confirm her evidence fully. In one case there were seven steps down to a through passage
leading to the back of the building, with three or four doors opening off it. The sunk flats would be
about 4 feet below the level of the street, and, especially in the case of those in the front of the
building, the lighting and ventilation were most inadequate. If the window were open at all there would
be nothing to prevent refuse of all kinds from the street blowing into the living-room.
431. Another instance of a markedly unhealthy underground room was observed by us in a Border
burgh. It occurred in a three-storey tenement, built on sloping ground, the ground-floor house being
entered from a road at the foot of the slope, and the second- and third-floor houses from a road at the back
of the tenement on a higher level. On the ground floor a three-room house was visited. The back-
room was very small, dark, and damp, and three-fourths imderground, its back wall being entirely so.
Two boys slept there. The housewife informed us that the family would gladly leave but could not
find another house- — " Houses is that scarce."
432. The other type of underground dwelling is more difficult to characterise accurately.
Members of the Commission saw examples in two different burghs ; in both cases the dwellings
formed the basement of a tenement property which was otherwise in good repair, and in one case
there was a good open space behind for bleaching, etc. In both cases the row of tenements was on
the lower side of the street on sloping ground. The rooms were reached by a through passage
and entered from the open space behind. The room first entered (i.e. away from the street) was above
ground and reasonably well lighted, but the other room, opening off the first, was underground as to
the greater part of its capacity, and was inadequately lighted and ventilated. The Sanitary Inspector
of Port-Glasgow stated that there are several undergroimd dwellings in that burgh, the ceilings of which
are only 4 inches to 6 inches above the adjoining street, and which are lit and ventilated through an
iron grating in the footpath ; but as the underground apartment is conjoined with another apart-
ment which has one of its sides entirely above the level of the adjoining ground, the law as to under-
ground dwellings contained in section 74 of the Public Health (Scotland) Act, 1897, does not apply.
The air in these imderground apartments is generally humid and heavily charged with dust particles,
and during the winter months especially they are very dark and imwholesome. They are most
undesirable dwellings. (Halliday, 33,500 (26).) -'
433. There is no clause in the Burgh Police Acts dealing directly with underground dwellings.
Even in Glasgow the Local Authority has to proceed under the Public Health Act. (Lindsay, 23,339.)
Section 74 of this Act (viz. 1897) is very long and cumbrous, containing a statement which occupies
about five hundred words of the circumstances under which underground rooms may be inhabited.
It begins as follows :—
It shall not be lawful to let separately, except as a warehouse or storehouse, or to suffer to be
occupied as a dwelling-place, any cellar or any vault or underground room, whether conjoined or
not with another apartment not having one of its external sides entirely above the level of the street
or ground adjoining the same, and not having a window or other opening in such side,
REPORT. 65
and proceeds to define the height of ceiling necessary, and various other matters. The Handbook of
Public Health points out that : —
The words " whether conjoined " to " opening in such side " are new, and replace the words
in the 1867 Act, " not being entirely open on one or other of its sides." The effect of them is that
the section applies to a cellar, vault, or undergroimd room, whether it be let separately as a dwelling
or along with another room, unless such other room has one of its external sides wholly above the
level of the adjoining street or ground, and has a window or other opening in that side.
{Handbook of Public Health, by J. Patten Macdougall and A. Murray, Part I., p. 128.)
434. The Sanitary Inspector last quoted expressed his preference for the older form of the law : —
The alteration which was made on the 1897 Act rather, I think, put back the hands of the
clock, because those houses that I had in my mind we could have dealt with imder the old Act,
but we cannot now, because the room of which I complain is conjoined with another apartment.
(Halliday, 33,546.)
We point out, however, that in addition to the powers in the Public Health Act, 1897, referred to by
the witness, there are further powers in the Housing, Town Planning, etc., Act, 1909, section 17 (7),
whereby underground " sleeping places " may be dealt with. We summarise the whole law on the
subject in Chapter V., Paragraphs 220 to 222.
435. The Convener of the Public Health Committee of Edinburgh Town Council, referring to improve-
ments carried out recently in the city, said that with the exception of subdivided houses, more area
dwellings had been condemned than any other description of house, that the existence of the area
dwelling is due to the varieties in level, that many areas are even now in better-class houses used as
sleeping accommodation by the servants, and that that fact is often pleaded by owners of area houses
which are imder consideration by the " open court " {i.e. the Public Health Committee of the Town
Council) with a view to the pronouncing of a Closing Order in support of the habitability (alleged) of
their particular property. (J. A. Young, 40,434 (4) (8).)
436. The representatives of the Edinburgh Trades Council suggested that the prevalence of phthisis
among domestic servants, which had been shown in the working of the Insurance Act, might be in part
due to the number who live in basements. (Eunson and Wilson, 17,947a (28 f .), 18,163.)
437. In Liverpool drastic action has been taken regarding cellar dwellings. The Medical Officer
stated that in 1908 powers were obtained by the Corporation which prohibited the occupation of cellars
as separate dwellings after the 31st December 1912. All the cellars recorded in the registers were visited
during the latter part of 1912, and it was then found that 1614 cellars were let and used as separate
dwellings. These 1614 cellars were again visited during December 1913, and it was then foimd that
915 had been vacated, the owners having been duly warned. (Dr E. W. Hope, 24,623 (7).) It is worth
noting that in Liverpool cellar dwellings are illegal if they are more than 2 feet below street level. (Kyffin-
Taylor, 24,313 (44).)
438. Though the two types of underground dwellings described are not now very numerous in the
burghs (except as regards servants' quarters in " areas "), there seems to be a strong case for the pro-
vision of further powers to control them in both burghs and rural districts. We are of opinion that
such dwellings should not be allowed to be erected in future. As regards the existing houses, it has
been shown that the powers of the Public Health Act are insufficient, while the provisions of the
Housing, Town Planning, etc.. Act, 1909, already referred to, apply only to underground sleeping places.
We consider that following the precedent of that Act Local Authorities should be empowered to frame
regulations prescribing the conditions of occupancy of all rooms which are either wholly or in any part
below the level of the adjoining street or ground. Any room that does not comply with these regula-
tions should be deemed uninhabitable, and the Local Authority should be empowered to close it. The
Local Government Board should be empowered to require any Local Authority to frame and enforce
such regulations wherever considered necessary.
439. Box-beds and Bed-recesses. — The use of closed-in beds was formerly widespread both in the
towns and the coimtry districts of Scotland. The old type of completely enclosed beds, usually with
folding doors like a cupboard, has, in the main, disappeared from the towns, though its existence is
noted in the evidence from certain northern districts, particularly Orkney and Shetland ; but the bed-
recess, which is frequently enclosed for part of its length, is still common.
440. Before discussing the legislation on the subject, we propose to deal with the principal evidence.
Dr Dittmar, Medical Inspector of the Local Government Board, dealt particularly with the bed-
closet, a small chamber with no direct lighting or ventilation. He stated that when investigating the
conditions of cases of pulmonary tuberculosis under home treatment in Edinburgh, he came across
" bed-closets." In the older type of house these are simply large dark cupboards with a door off a dark
" lobby," and a fixed window in the wall next the kitchen of the house. The cupboards are large enough
to hold a double bed, a chair, and a small chest of drawers. They are imperfectly ventilated, and quite
unfit for sleeping in. In the newer type of working-men's houses, the " bed-closets " have been somewhat
improved. They are large enough to hold a double-bed, a chair, and a chest of drawers, and are situated
between a living-room at the front and the kitchen at the back. They are entered by a door from a fairly
light hall, and a second door opens into the living-room, but is usually found closed. They are lighted
by three windows, all made to open, one above the door into the living-room, one into the kitchen exactly
opposite, and one above the door into the " lobby " of the house. There is no fireplace in the room,
and no direct commimication with the external air. " Bed-closets " of this kind are quite distinct
from the ordinary closed-in or " box " beds so common in the older type of Scottish tenement. The
" box " bed is situated in a recess off the kitchen or living-room ; it has no separate entrance from the
passage or hall. Dr Dittmar thinks that the construction of " bed-closets " of the nature described
above should be made illegal. (Dittmar, 340 (24 and 25).)
441. It has been found that rooms described in the architect's plans as box-rooms are subsequently
used as sleeping apartments. Dr Dittmar speaks to this practice in regard to Edinburgh, but it is not
66 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
confined to the city of Edinburgh. For instance, in Coatbridge, the Burgh Surveyor told us that in
many cases rooms of less than 100 superficial feet of floor area have been shown on plans and passed in
the Dean of Guild Court as box-rooms, but after the building has been completed these rooms have been
occupied as sleeping apartments. This, the witness thought, should constitute an offence. (C. Young
(Statement submitted by J. Alston), 34,168 (10).) We return to this subject in a later chapter.
442. Dr Dewar, one of the Medical Inspectors of the Local Government Board, dealt more
particularly with bed-recesses, and offered a somewhat more guarded opinion. He stated that it is
certain these do not make for hygienic advantage, since a plain bed of wood or iron projecting into the
central space of a barely furnished room is clearly the ideal sleeping place. But he added that under
ordinary conditions of working-class life the partially enclosed bed has its undoubted advantages and
that, although endeavours to discourage its construction have repeatedly been made, they have been
defeated by popular opinion. (Dewar, 764 (33).)
443. We obtained evidence on this subject from the Edinburgh Trades Council. Speaking of the
campaign against these bed-closets and recesses which has been recently carried on by the Sanitary
Authorities, the representatives of the Trades Coimcil stated that these closets were originally intended
to secure a greater amount of privacy in families occupying small houses, but that results have shown
them to be dangerous to health. They told us that in 1911 63 of these dark recesses (in Edinburgh)
were ordered to be opened up, owing to its being ascertained that phthisical patients were occupying
them. (Eunson and Wilson, 17,947a (27).) The opening up and condemnation of bed-closets as sleeping
places no doubt increase the difficulty of occupancy of one- and two-room houses by families. That
the scanty room accommodation in working-class houses (witness the number of one- and two-room
houses) accounts for the national partiality for the box-bed is supported by a sentence in the Census
Report for 1861 : " The box-bed, so prevalent in agricultural districts, forms, as it were, a distinct
' room for the parties sleeping in, so that it affords facilities for a separation of the sexes, and the
' observance of decency, to an extent which is impossible in a single room, where such accommodation
'is wanting." (Census Report, 1861, cited by Patten Macdougall, 1538 (21).) Thus it seems clear
that, while at all times inimical to health and especially objectionable in cases of phthisis, this form
of bed had an advantage from the point of view of privacy for a family occupying a one- or two-room
house.
444. In mining communities similar conditions obtain. The Sanitary Inspector of the Middle
Ward of Lanarkshire gave evidence on the subject, stating that the provision for sleeping in miners'
houses consists of a series of recesses, which, in houses constructed imder the building byelaws, have
openings extending from the floor surface to the ceiling, and of a width equal to the length of the bed,
6 feet, whereas in the older class of houses these openings are considerably less in height and width.
As their position and arrangement are obstructive to ventilation, the air in the rooms becomes stagnant
and impure, and is rendered more so by the presence of dried particles of matter brought into the houses
from fouled surfaces outside by the occupants and visitors, and by the expiration of the sleepers during
the period of slumber. Owing to the want of any coal storage accommodation the occupants of many
of the old miners' houses have no place to put coals except below the bed. This storing of coals under
the bed, said the Sanitary Inspector, encourages domestic animals to resort there for their natural needs.
This aggravates the impurity of the air. It is a fact that the air within these bed-recesses is grossly
polluted, in some instances to the extent of eight times the permissible volume of carbonic acid gas,
viz. -06. (Dobson, 36,835 (4).)
445. A vigorous attempt to abolish these beds, at least in their worst form, has been made by
Medical Officers and Sanitary Inspectors in a number of difierent burghs. That they have not in all cases
been successful is due to the fact that the powers to control recessed beds in the Burgh Police Act, 1903,
section 65, are not made applicable to existing houses unless the process of subdivision is going on. The
statutory provisions on the subject have already been given. (See Chapter V., Paragraph 112.)
446. In the case of a house visited by us in Port-Glasgow, the owners of which were proceeded against
in 1908 by the Local Authority of Port-Glasgow on several grounds, including the existence of " boxed-
'in beds in the dwelling-houses which formed the two upper flats of the tenement," a Closing Order was
refused by the Sheriff-Substitute. In an instructive note to his interlocutor, he stated, " I cannot think
'that the Legislature intended in 1897 "—the date of the Public Health Act, imder Clause 16 of which
the action had been raised— " that existing boxed-in beds are to be compulsorily removed." He
further stated that he had not found a " consensus of opinion among medical men that such beds are not
' healthy." The result of this decision, given on 20th March ] 908, is that practically no further proceed-
ings have been taken by the Local Authority for the compulsory removal of box-beds, even though there
is a demand on the part of tenants for their removal. (HalHday, 33,500 (5), 33,511 ff.)
447. One at least of the beds dealt with in the case referred to in the preceding paragraph was
of a type found in the West of Scotland, in which an economy of space is effected by carrying a recessed
bed, which is entered from the kitchen of a "through house," beyond the partition separating the
kitchen from the " room." The only opening is to the kitchen— an arrangement which must make
the adequate ventilation of the bedding and bed-recess difficult, if not impossible. A somewhat ex-
treme example of this type of recess was seen in a property belonging to Glasgow Corporation visited by
two of our number. It was in a two-room house' occupied by a man and wife and six children, and the
property had been acquired by the Corporation a number of years before our visit on the expectation
that it would be speedily demohshed.
448. Powers to deal with enclosed beds in existing houses have, as already explained, been obtained
in local Acts, both by Edinburgh and Glasgow. (See Chapter V., Paragraph 112.) As will be seen, the
Glasgow Act made the continuance of such enclosed beds illegal in existing houses on the expiry of
five years from the passing of the Act in 1900, unless they were opened up in front for three-fourths of
their length. (J. Lindsay, 23,235 (56).) . , t> i
449. The Edinburgh Act of 1913, section 78, embodies the first clause of the section m the Burgh
Police Act, and also gives power to the Dean of Guild Court, on the application of the Procurator-Fiscal,
to " require the owner of an existing house to open up to the same extent any enclosed bed or bed-recess
REPORT. 57
' in such house " under a severe penalty. On this the City Engineer of Edinburgh remarked that it
was a new power just obtained from Parliament, and much needed for the abolition and prevention of
what are known as " cubicles of consumption," and gave it as his opinion that " power of a similar nature
'should be given to all municipalities." (Horsburgh Campbell, 18,745 (9) (e).)
450. Our conclusions are that box-beds and enclosed beds are unhealthy, and ought at the least
to be open for five-sixths of their length, and that there seems no reason why powers to deal with these
beds in existing houses, as well as to prohibit them in new houses, should not be granted to all Local
Authorities. This may either be done, as in Glasgow, by naming a time limit after which they may be
ordered to be removed ; or by giving power to the Local Authority to have them removed wherever
the Medical Officer of Health considers this necessary in the interests of public health.
451. Perhaps the most obvious lesson to be obtained from a study of the evils of these enclosed or
partitioned-ofE sleeping places, and from the desirability or even necessity for their abolition, is that
the provision of houses with more rooms for each family is urgent.
452. Disrepair in Houses. — In an earlier part of this chapter (Paragraph 380 et seq.) dealing with
old two-storey property, evidence regarding disrepair was summarised from reports on smaller or
medium-sized burghs ; but that the same degree of disrepair may be foimd in a large industrial commimity,
and in property of the regular tenement type, is shown by the following extract from the statement
submitted on behalf of the Q-reenock Housing Council. It also shows that dampness (that characteristic
defect of old rural houses) may be very serious in urban conditions as well.
In one house damp is so bad that the pillows had to be dried every morning. When the tenant
lay ill with abscess in throat during wet weather, his wife had to remain up part of the night with
' basins placed in position above his head to keep water from falling on him from roof. The ceiling
was cracked, and looked as if it might fall at any moment. Other instances of a similar kind can
be given. In one case where house is damp and has an offensive smell, a bum flows immediately
beneath the flooring.
Closing Orders were granted in 1911 for 44 houses, but for reasons stated in the sanitary report
these orders were not enforced. Between 500 and 600 houses call for Closing Orders, and we believe
that this is recommended by the sanitary department. (Campbell and Smith, 33,007 (14 f.).)
One of the witnesses was subsequently asked whether he considered these conditions typical, and
repUed : —
The Sanitary Inspector at the inquiry last week admitted in general that these details were true.
He took exception, possibly, to the dampness being represented as it is in the houses. He stated
that the period in which we made our investigations was a very wet time of the year. There were
instances where our visitors reported dampness, and the wall had been improved by being pointed
outside, but he stated that oui visitors were inexperienced. (Campbell, 33,079 f.)
453. The Sanitary Inspector of Greenock, in his own evidence, freely admitted that dampness was
a common and serious defect. He stated that in many cases the houses are damp, and the worst feature
of this condition is that the evidence of dampness is frequently covered over with wooden lining. This
alleged remedy, although presenting a better outward appearance than the damp walls, only accentuates
the defect. The dampness is invariably due to the want of damp-proof courses. Sub-floor ventilation
is seldom provided in the houses here referred to. (Devinc, 33.207 (14 f.).)
454. In regard to all three types of dwelling described in this chapter, we have found it needful to
quote instances of dilapidation and disrepair, reaching in most cases an extreme point. In tenement
property also, as in the older cottages and two-storey properties, there are flagrant instances of dilapi-
dation and disrepair, and many lesser but by no means negligible instances of both major and minor
defects — that is, of original faults of structure and position, aggravated it may be by recurrent defects
due to carelessness on the tenant's side, an evasion of responsibility by the landlord, or a combination of
both. In reading the reports from official sources already referred to of dilapidated and insanitary
houses in burghs which differ widely in size, in their industrial character, and in geographical position,
one cannot but ask how these things continue to be, in view of all the powers given to Local Authorities
by a whole series of Acts of Parliament for the oversight, and in extreme cases the closure, of houses.
The full discussion of this important question belongs to another chapter of the Report. In the present
chapter our aim is descriptive rather than critical — ^to give a general view of the representative types
of working-class house, including the worst which are still inhabited. But even at the cost of anticipa-
tion, it may be said here that an insufficiency of sanitary staff and the imdue representation of house-
owning interests on the Local Authorities were both advanced by various witnesses as contributing
causes. But there was a strong tendency — which we think is justified— to emphasise as the chief cause
of the persistence of insanitary and ruinous houses, that there is a very widespread lack of alternative
and better accommodation, and that it cannot now be supplied at rents within the reach of the poorer,
or even of a considerable proportion of the better-off, working class. In the case of Greenock, just cited.
Closing Orders actually determined on'were held back owing to the lack of vacant houses of a more healthy
type in the burgh (c/. Cook, 33,203 (4)) ; and while this case is especially clear and instructive, a
similar arrest of procedure, often at a much earlier stage, has taken place in many other areas where the
problem of disrepair has been not less pressing.
455. Having dealt with the older and subdivided tenement, and the underground dwelling and the
enclosed sleeping places frequently found in these older properties ; having also briefly referred to the
disrepair and dilapidation of many of these old tenements, we have yet to describe the balcony tenement
and the modem or improved tenement.
456. (c) Balcony Tenements. — In this type of tenement the inside stair is replaced by a stair, either out-
side or at the end of the main structure of the building, from which access to the various houses is obtained
by an open " plat " or balcony. A reference to this type of building seems to come in suitably here,
since, in Dundee, the Scots city in which it has been most popular, it has come in as a transition form
between the older property and the most modem type of tenement. During the period of rapid build-
68 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
ing in the third quarter of the nineteenth century, balcony tenements were erected in large numbers in
Dundee, and to some extent in other Scots burghs. In the more recent building boom, however, the
tendency for private builders was apparently to return to the ordinary tenement with a central stair.
But the balcony design has continued to hold its own in the case of mimicipal dwellings. The houses
of the Glasgow, Edinburgh, Perth, and Hamilton Corporations are to a considerable extent plaimed on
these lines. So are some of the Liverpool Corporation dwellings visited by us, and certain of the
London County Council's properties referred to below, as well as the large new tenements erected on the
cleared area in Port-Glasgow, and the two chief properties of the Glasgow Workmen's Dwellings Company.
Thus the balcony tenement seems important enough to deserve separate treatment, especially in view
of the very divergent opinions as to its merits. Before setting out the opinions for and against it, it should
perhaps be said that the question does not so much lie between it and the self-contained cottages as
between the balcony and the ordinary tenement, assuming for the moment that tenements of some
kind must continue to be erected.
457. The common stair is sometimes, as already indicated, at the end of the building, and sometimes
in the middle, with balconies of approximately equal lengths ruiming to right and left. It is usually to
some extent open, and in some of the older instances the uppermost flight of steps is entirely so. If the
difficulty regarding stair cleaning is not avoided by the balcony system, that of stair ventilation is solved ;
and even cleaning becomes easier where light is abundant. The balconies are always airy, and in some
" lands " in Dundee those of the upper storeys command fine views across the Firth of Tay. A less desir-
able feature is the stacks of water-closets which have in the course of recent improvements been attached
to the stairs. Frequently there are two to each storey, placed half-way down the flight of steps im-
mediately below. This is far from an ideal arrangement, but it may at least be said that it is better
than the plan, of which instances have been already quoted, by which a water-closet is introduced at some
point opening on to a dark lobby or central stair, thus ventilating itself through the centre of the building.
458. The strongest criticism of this type of tenement came from the representatives of the Edinburgh
Trades and Labour Council. It followed a definite condemnation of tenements generally, and the
witnesses were not disposed to make an exception in favour of the balcony design. (Eunson and
Wilson, 18,171 fE.) Mr Wilson said the great objection to the balcony tenement is that the windows
of the flat below are under the balcony, and they do not get the amount of sunlight that they ought
to get. He instanced Tron Square— municipal buildings — where at certain times during the day the
houses are quite dark when they ought to be having good light. Mr Eimson added that the Medical
OSicer of Health had published photographs showing how they excluded the sunhght ; and said that
he personally had never liked the type, that the stairs and landings have to be cleaned by the people,
and it is objectionable for the wife to come out and clean those stairs outside. It is better to have an
internal stair with fewer tenants in the bouse. (18,175-8.)
459. A large Glasgow builder gave the following as his reasons for preferring the well-stair — " I
' find that the balcony tenements lend themselves to all kinds of people loafing about, and also, which
' is worse than anj^hing, the accumulation of rubbish which the people here seem to put on their balconies."
(Mickel, 22,055.) He added that an enclosed stair, with good windows, but without cupola, could be very
well kept by the right class of tenant. An objection not suggested by the witnesses, but probably worthy
of consideration, is that the balcony tenement lends itself to the type of " through-house " in which the
only access to the " room " is through the kitchen. The disadvantage of this has been pointed out in
comparing the " but-and-ben " and the two-room cottage. Even the smallest lobby giving separate
access to the " room " represents an important gain. There is, indeed, no reason why this should not
be provided in the " balcony tenement," but in Dundee in this, as in the older types of property, the
" through-house " with no separate entrance to the " room " is the prevailing two-room dwelling.
460. The City Engineer of Edinburgh supported the opposite view, and argued that with somewhat
larger windows any difficulty as to lighting could be overcome, while in respect of ventilation and general
healthiness the balcony tenement represented a clear improvement. (Horsburgh Campbell, 19,009 ff.)
Similarly, the Manager of the Glasgow Corporation Dwellings gave it as his opinion that there is sufficient
light if there is a considerable space opposite the portion of the building where the balconies run.
(Menzies, 20,461,)
461. The Architect of the London County Council showed how the difficulty has been anticipated
and avoided in certain of their properties. In these great care has been exercised, and there are no
residential rooms below the balconies. All the residential rooms look into the garden or yard, but not
from the balconies ; and this type of plan is considered to have been successful. In the Tabard
Street scheme most of the rooms under the balcony are non-residential. On the topmost floor of all
no balcony is necessary, because each house has a self-contained staircase which communicates with
the third- or fourth-floor bedroom. (Riley, 25,135.)
462. The two large properties, erected by the Glasgow Workmen's Dwellings Company, in Cathedral
Court and Greenhead Court are both built on this system. They are, like certain of the London County
Council's tenement dwellings referred to by the witness last quoted, blocks five storeys high ; and they
have been built of this height in order to accommodate as many families as possible on a limited and
costly site. A useful feature in the Glasgow blocks, as in several others seen by us, is a dust-shoot from
each floor, which saves the housewife from one- at least of her daily journeys up and down the long
flights of stairs. An original feature in Greenhead Court is that the topmost balcony — a somewhat
dizzy eminence — is protected by a glass roof. As to the effect of the balconies and the height of the
blocks, Mr Mann, the Secretary of the Company, stated that while there was some force in the
criticisms, that the balconies cut off the light of the houses below, and that the rooms are impleasantly
overlooked by people from other houses passing backwards and forwards, he thought they were far
overbalanced by the advantages, viz. that each tenant has a door on to the open air, and the balconies
are available for the children to play on. (Mann, 21,221 f.)
463. On the criticism of want of privacy we may compare the evidence of Rev. Dr Watson regarding
the feeling of the tenants about the balconies in one of these properties. He stated in answer to a question
as to whether he had foimd any objection in the balcony tenements of the Workmen's DwelUngs Company
REPORT. 69
based on the want of privacy owing to the houses entering off the balcony, that he found greater privacy
secured by the tenants having their own door, that they are proud of their own door, and they keep
it shut. (Rev. David Watson, 22,490.)
464. The other criticism suggested by Mr Mickel, that the balcony promotes untidiness, was partly
admitted by another large Glasgow builder speaking of a property which he had built some time before.
He stated that he had had occasion to be in that district once or twice, that he had gone roimd to see
this property, and certainly the balconies were untidy ; but he could see that most of the doors were open
and the children were toddling " out and in," and it seemed to him that the health and the open air that
these children could get was worth the untidiness. He accordingly suggested for consideration whether a
law should be passed that within a certain number of years all flatted houses should have balconies. He
did not think it would be difficult to design a balcony that would suit almost all houses. (J. A.
Mactaggart, 22,868.)
465. A further suggestion was made by Mr Lome Campbell, Architect, Edinburgh, that, in tenements
of limited size, there might be at the stair-head right and left a gate giving access to a private portion
of the balcony in front of each house. He also emphasised the advantage in a balcony house of free
access to the air on either side. (19,703.)
466. {d) Improved Tenements. — A survey of tenement housing in Scotland would be incomplete without
the addition of certain facts regarding the latest type of tenemert dwelling with modem conveniences,
occupied by well-paid artisans and others who can afford a relatively high rent. The balcony tenement
— one important type — has just been dealt with ; but, in the main, the best modem tenements built
by private enterprise are on the older principle, with a central or well-stair. The lower part of the
entry and staircase walls are frequently tiled, and the houses in many cases have their own conveniences,
the washing of clothes being provided for either by a boiler in the scullery or by a common washhouse
on the back court of the tenement. The most important recent modification in tenement building, so
far as legal regulations are concerned, follows from section 43 of the Housing, Town Planning, etc..
Act, 1909, which forbids, subject to certain exceptions, the erection of " back-to-back " houses. This
clause was held by three judges of the Second Division of the Court of Session in a case (see Murrayfield
Real Estate Co., Ltd., v. Magistrates of Edinburgh, December 2nd, 1911 (1912 Session Cases, 217)),
to prohibit the future erection of tenements with four houses on each storey, since the party-wall between
each pair of houses makes through ventilation from back to front of the tenement impossible. (The
judgment is given in eoienso in the Report of the Local Government Board for Scotland for 1911, pp.
98-100.) It is still possible to erect three houses on each storey, as the two side houses extend through
the whole breadth of the tenement, while the "mid -house" obtains through ventilation — which we
understand is held siifficient — from its windows in the front wall and from the stair behind.
467. In this respect the practice of tenement builders has, in the better class of dwellings, gone
ahead of the strict requirements of the law ; and the same may also be said in regard to the requirements
of the Burgh Police Act, 1 903, regarding the width of street front and the free space in the rear of tenements.
Id Aberdeen, for example, Professor Matthew Hay stated that the tenements in the more modern parts
of the city are, as a rule, fairly spacious. Local Acts (Aberdeen) have regulated in modem times the
minimum proportion of open space in connection with dwelling-houses. The minimum is, he said,
usually much exceeded in modern tenement buildings. The depth of the feuing stance of such tenements
frequently reaches from 125 to 150 feet ; and in few cases in the present day is it under 80 to 100 feet.
Professor Hay went on to state that, even where there is a small grass or garden plot in front of the
tenement, the free space at the rear extending to the backs of tenements or a parallel street would be
from 80 to 200 feet. Within the last twenty or thirty years more tenements have been erected in Aberdeen
with six dwellings on each stair than with a larger number. (41,334 (86-92), 41,339 f.) We understand
from a letter received from Professor Hay subsequent to his giving evidence, that in certain tenements
in Aberdeen there are only three houses in each tenement, " but the tenement is a kind of twin tenement
' with two lobbies, immediately alongside of one another, with a series of three houses, one above the
' other, entering from each lobby and its connected staircase. In fact, it is a tenement with, as it were,
' a divided common lobby and staircase."
468. A further feature of the Aberdeen tenement noted by us during our inspection is that, instead
of a stone staircase lined with concrete or tiles, the stairs are commonly of wood with wood lining. This
produces an impression of greater comfort and homeliness on entering by the main door from the street —
a decided advantage wherever the stair is well kept. It is stated that the danger of fire is not found
to be increased by the wooden stair. On the other hand, these stairs tend to become more rapidly
dilapidated in the hands of careless tenants ; and it is only because extensive tenements, housing from
fifteen to forty families on a stair, are unknown in Aberdeen that their use is possible or tolerable in the
older properties in that city.
469. An additional distinction between the modem tenement in Aberdeen and in Edinburgh or
Glasgow is that in the former there are no "main-door" houses, but the ground-floor dwelhngs are
entered from the stair. Thus, six houses are provided in a three-storey building with two on each storey,
and all the house's extend from back to front of the tenement and so have the advantage of through
ventilation. Baths are not yet common in two- and three-room houses inhabited by the working-class
in Aberdeen, but members of the Commission visited one block where the owner occupies one house
himself ; on this stair an airy, three-room house, with a lobby and cupboard, and a bath in the scullery,
with a simple form of water-supply, is let at £14, 2s. 6d., excluding occupier's rates. This is slightly
lower than the price of a similar two-room flat in Glasgow.
470. Such a house in Glasgow is described by Mr Mactaggart, who erected 2330 houses in the course
of sixteen years. Of these all but 44 are tenement dwellings— 58 of one apartment, 1075 of two
apartments, and the others of three, four, and five apartments. Every house has its own water-closet,
and all but 500 or so have a light bathroom with hot and cold water. (Mactaggart, 22,847 (2).) These
figures will give a fair idea of the modem practice in the provision of tenements in the West of Scotland.
Mr Mactaggart goes on to describe one of the more recent two-room flats as having two open bed -recesses,
side scullery off kitchen, cloakroom, and bathroom, with hot and cold water-supply from range, good
60 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
lobby and wardrobe press ; also back green and washbouse for tbe use of eight tenants, tbere being
two bouses on each flat of the four storeys. The internal house space is 543 superficial feet which, with
10 feet ceiUngs, gives 5430 cubic feet, including lobbies, etc. (Mactaggart, 22,847 (8).)
471. Mr Mactaggart points out that in the English plan the same cubic capacity would provide
a house with six rooms, most of them small, and adds that it will be noticed that lobbies are not allowed
for in the English house, and that stair space would come ofE living-rooms, as it generally does. Also
" oriels are assumed to exist in each house."
472. In this connection the question naturally occurs whether the ample cubic space allotted to a
two-room house might not have been redistributed so as to provide the additional privacy and convenience
of the three rooms. The same remark might also be made regarding some of the dwelhngs provided by
the Glasgow Corporation. The average space provided in several representative blocks of the Corpora-
tion's houses has already been given, but the following details may be added. Out of 183 one-apartment
houses 57 have 2250 cubic feet or over ; the largest one-apartment houses have 2695 cubic feet, the
smallest 1890. Of 263 two-apartment houses 87 have over 4000 cubic feet ; the largest have 4996 and
the smallest 3380. (Appendix LXXI.) It must, of course, be remembered that the high ceilings
customary, and probably necessary, in tenements mean that the floor space is comparatively small in
relation to total air space, and thus the housewife's working accommodation is reduced. But, even with
this in view, it seems not impossible that, by a slightly different arrangement, the largest modem one-
room house could be made into two rooms, and certain of the two-room houses into three.
473. Perhaps the best example of the modem one-room house was seen by us in the Glasgow
Corporation's latest dwellings at Kennyhill. It was a pleasant airy room with an oriel window and scullery
in a recess, and is described by the Manager of the Glasgow Corporation's Dwellings as follows : —
The houses, nominally of one-apartment, contain, in addition to li\'ing-room with bed-recess —
— a small sleeping chamber, separated from the kitchen by a 7-foot partition which allows
2 feet of ventilating space between top of partition and ceiling — also a scullery with water-supply
and cupboard press. The rents of these houses are £5, 15s. per annum, exclusive of rates, or
£7, Is. inclusive. (Menzies, 20,334 (8).)
In this case the partitioned-off portion practically forms a separate room, but, while there may be an
advantage in the arrangement from the point of view of ventilation, it is certainly inferior to a regular
two-room house from that of privacy, as every sound must travel from one portion to the other.
474. We have now traced the one-room house upward from the " single-end " cottage through
representative types of dweUing, and we find that, especially in the West of Scotland, it is still foimd in
good modem tenement property. Fortunately, it is not reproduced on the old lines. If the one-room
house is to persist — a point which we shall discuss later — it is certainly well that it should be built on
good lines and provided with adequate conveniences.
Summary of Recommendations and SuaGESTioN,s in Chapter VII.
(1) That any subdi^nsion of houses should be subject to the approval and certification of the
Local Authority, and that any infringement should be made a statutory offence pimishable by fine.
(Paragraph 409.)
(2) That no new imderground dwellings should be allowed ; and that as regards existing dwelhngs
of this nature. Local Authorities should have power to frame regulations as to occupancy, and the Local
Grovemment Board should be empowered to require their enforcement. (Paragraph 438.)
(3) That box-beds and enclosed beds should be open for at least five-sixths of their length, and
that powers should be granted to all Local Authorities to deal with such beds as also to prohibit them
in new houses. (Paragraph 450.)
CHAPTER VIII.
MERITS AND DEMERITS OF THE TENEMENT SYSTEM.
475. Before we conclude the section of our Report which deals with tenements, it is necessary to
summarise the views given by several important witnesses regarding the tenement system as a whole.
Its relation to land values and to the return obtained by the occupier of tenement property for that
portion of his rent which represents interest on the value of the ground, belongs to another branch of the
subject (see Chapter XXII.) ; but here it is needful to discuss the tenement simply from the point of view
of the accommodation provided and the facilities which it gives for home life. We may first refer to
evidence by different witnesses for and against the tenement system, and then proceed to deal with the
different points thus raised in greater detail.
476. Perhaps the best summary of the argiiments for the tenement was given by Mr Mactaggart,
who stated, however, that personally he felt the arguments against to be stronger. He gave the follow-
ing summary of the advantages enjoyed by tenants living in flatted houses :—
(a) Tenants suffer less from cold, rain, and storms, owing to more substantial construction. In
Glasgow 2-f eet stone walls strapped, against London County Coimcil 9-inch brick walls unstrapped.
(6) Being nearer their employment tenants save time in going to and ftom house, and have better-
lit streets at night.
(c) In four-storey tenements three-fourths of the tenants are further from the damp groimd, and
also less liable to have their drains choked.
{d) Flats having no inside stairs are more easily worked, especially in illness.
(e) Tenants suffer less from burglars, and parties living alone are more secure.
REPORT. 61
(/) In flatted houses only good-sized apartments can be let.
(g) The statistics of the Glasgow Medical Officer with reference to Kelvinside and Pollokshields, where
four-fifths of the people live in flatted houses, seem to suggest that the death-rate among fairly well-
educated and well-fed tenants of flats is as low as among cottage residents.
The arguments on the other side are also given by Mr Mactaggart (22,847 (7)), but not so fxilly as
those in favour quoted above.
477. Almost the only argimient in favour of the tenement in addition to the above was that adduced
by the Sanitary Inspector for Inverness Burgh, who pointed out that it is possible to provide con-
veniences, especially a good washhouse, which may be shared by several tenants in a small tenement,
when the single cottage could not be equally well supplied without unduly raising the rent. (Knowles,
14,500 ; cf. 14,458 (20).)
478. The arguments on the other side were summarised by two witnesses familiar with both English
and Scottish conditions. Mr J. E. Wilkes (late Town Planning Engineer for Dunfermline) made the
following statement : —
Tenements seem to be at a disadvantage for the following reasons : —
(1) They are trying to the very young and to the aged, and particularly to women.
(2) They are more dangerous in case of fire.
(3) Their stairs are nearly always dirty and often insanitary.
(4) They are less convenient than well-planned cottages.
(5) They are more difficult to police.
(6) In hot weather their occupants cannot obtain the relief of a stroll in their own garden.
(7) They engender concentrated town-building, and therefore entail wide and expensive streets,
thus counteracting several times over possible saving in sewers and mains.
(8) They necessitate the provision of far more open spaces than do cottages.
(9) Land development for tenements is far more costly than for cottages, especially on modern
lines.
(10) They are ugly, and in time create a demand for expensive architectural treatment, as in
Germany (4296 (8).)
479. We also record the evidence of Mr Horsburgh Campbell, the City Engineer of Edinburgh, who
stated that the disadvantages are — the discomforts and inconveniences of the common stair, the greater
risks of infection, the diminished floor space offered by the tenement flat system, the higher standard
of rent required . . . the diminished light and air upon the lower floors, the absence of any piece
of garden ground attached exclusively to each house, and all that this absence means to the physique
and to the morale of family life. (Horsburgh Campbell, 18,745 (58 f.).) As an offset to this vigorous
impeachment, Mr Horsburgh Campbell had only two coimter-balancing advantages to suggest, viz.
the benefit to the landowner in accumulating the yield of feu-duties — -a somewhat dubious benefit which
we discuss elsewhere — and " the benefit that the tenement system enables workmen to live en masse
' nearer their place of work, if in the city." (Horsburgh Campbell, 18,745 (58 f.).)
480. From these statements we may draw out certain headings or points of view under which the
main argimients for and against the tenement may be ranged :—
(a) Solidity of Construction.
(b) Warmth, Light and Ventilation.
(c) Number of Possible Aparttnents.
(d) Nearness to Work (Tenement), compared with quieter and mare airy Surroundings with Garden
(Cottage).
(e) Disadvantages of the Tenement for the Housewife, Children, and Old People,
(i) Conveniences of Rooms on one Level.
(g) Sense of Security.
(h) Common Stairs and Conveniences.
(i) Difficulty in controlling jointly-owned Tenements.
(j) Death-rates in Old and New Tenement Property.
(k) Comparative Building— and Development — Costs.
To these may be added certain facts submitted regarding : —
(1) The Type of House preferred by Scottish Tenants ; and a discussion of
(m) The Extent of the Restrictions desirable in the Future.
(a) Solidity of Construction.
481. Some remarks have been made in a previous chapter (viz. Chapter VII., Paragraph 354, etc.)
on the tjrpical solidity of Scottish building, a characteristic largely determined by the prevalence of the
tenement, and perhaps to some extent by the high rainfall and frequent storms in certain parts of Scot-
land. If a building four or five storeys in height is to remain structurally sound and weatherproof
for a reasonable time, it must be built substantially, and the specification for all the main timber work
must be on generous lines. Attention was called in the evidence to two consequences of this —
(1) A handicap is placed on economical cottage building when it has to be carried out under bye-
laws drawn up primarily to secure a high standard of stability and sufficient light and air in the loftier
and larger type of dwelling. Thus it has been difficult to show what may be done in improved cottage
construction m Scotland. (See e.g. Mickel, 21,893 (3 ff.) ; J. Paterson, 33,583 (40 f.) ; Walker Smith,
41,557 (56 f.) ; Aldridge, 41,776 (63) ; and our subsequent discussion in this Report on Relaxation of
Byelaws.)
(2) The tenement itself tends to have too long a life. It is so strongly built and so much work and
money is put into the shell of the building that the walls, and possibly the roof, remain sound after
the woodwork and other internal fittings have become dilapidated, and after a new standard of sanitary
62 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
and other conveniences has come in. Many of£our large tenements may even last until the demand
for housing of this type has been outgrown. Thus lasting, they tend to become cumbeieis of the
groimd, and to constitute an administrative problem, since they can only be brought up to modem
standards with difficulty, and their continued presence prevents the erection of houses planned on
opener lines.
482. These appear to be the facts which prompt the opinion expressed by several witnesses that
the tenement has been constructed with too great solidity. Thus the sanitary inspector of a rapidly
growing burgh said that the presentsystem of building with stone throughout is intended for the use of
future generations ; but that looking to past experience, he was of opinion that in the course of time
these houses will prove to be imiit for healthy occupation owing to the decay of timber and other
porous materials. (Barclay, 2141, (16-18), and 2184 fE. ; Mactaggart, 22,852 ; Hair, 38,442 f. ;
Dowme, 41,250 (121).) He accordingly recommended that lighter construction should be allowed in
the case of two-storey buildings. The Engineering Inspector to the Local Government Board expressed
the same view. He said if the houses were of two storeys only, and of a much shallower depth, and
were built to last a reasonable time and not to last practically for all time (which is a great mistake,
for they become obsolete and not consonant with modern ideas), better provision could be made for the
same money. (Walker Smith, 4213 (31), and 4277 ff.)
483. Other witnesses expressed the fear of lowering the standard of solidity and making way
for the " jerry-builder " ; and it was pointed out that if houses were built for a shorter life, a difficult
position would be reached when that life was exhausted. (Keith, 1357 ; Barker, 13,560 (15).) But
probably the difference of opinion is less fundamental than appears, for the upholders of the former
view only appeal for a lighter standard of construction in the case of one- or two-storey buildings, and
only so far as it can be granted without endangering the weather-proof character of the building. The
question of comparative climate and its effect on Scottish and English standards of construction need
hardly be discussed here. (Walker Smith, 4213 (14 (6)) and 4278 ; Wilkes, 4296 (13) ; Hamilton,
29,495 (14), and 29,539 f.) On the whole, the evidence appears to warrant the two conclusions already
referred to- — that the balance of duration between the outer shell and the inner fittings is especially
difficult to maintain in the tenement type of buildings ; and that the solidity necessary to the tenement
has been imposed needlessly on cottages where these have been built in Scotland. Thus from the
economic point of view, and also from that of freedom of development in the design of cheap houses,
we think the tenement has proved costly and obstructive.
484. In another respect also this has been the case. The Scottish investor, accustomed to lending
money on bonds over tenement property, has shown a considerable reluctance to grant loans for cottage
building. The tenement is not only more solid in structure, but it has the further advantage from the
bondholder's point of view that when a single bond is placed on the whole building the risk of loss from
empties, etc., is lessened by being distributed over several houses. For these reasons it is stated that,
at the period when small dweUings were still considered a sound investment money could be obtained at
^ per cent, or even 1 per cent, cheaper for tenements than for cottages. (Mickel, 21,893 (21) and 21,990 ;
Mactaggart, 22,847 (25) and 22,903.) And, if tenements are built less substantially, to have a shorter
life, it is possible that the same reluctance to give loans will be found as in the case of cottages.
(b) Warmth, Light, and Ventilation.
485. The statement that tenement houses are popular owing to their warmth and dr3Tiess in severe
weather was supported by the Secretary of the Dumbarton Building Society. This Society has built
both tenements and self-contained houses, and the Secretary stated that the former, especially the
middle flats in three-storey buildings, are in demand, as they are felt to be warmer and more comfortable
than cottages. " They have not the inconveniences of the roof in the event of leakage, neither have
' they the draughts that you get on the groimd flat." (Lyon, 33,864.)
486. There is also the consideration that in the tenement the majority of tenants are removed
well above the damp ground. This may have some weight, but it does not seem to be strong enough to
outweigh the preference on other gi'oimds for the " main-door " house, e.g. as it is found in Edinburgh.
(C/., however, Stirton, 35,512.) In a well-constructed building the damp from the ground ought not
to be a serious inconvenience. The same can hardly be said of the lack of light and outlook in the ground-
floor houses of a closely-built tenement district. The objection to sleeping on the ground floor seems
to be strong in England ; 'but there it appears as an argument not for the tenement, but for the cottage
with all its bedrooms upstairs. The Medical Officer of Health for Birmingham states that, so strong
is this preference there that the lower flats of certain otherwise excellent dwellings, which are built on
the " double-flatted " principle, were for long almost imlettable. (J. Robertson, 24,876.)
487. There are three factors which enter into the comparison of the tenement and the cottage
dwelling in regard to warmth- — first, the actual thickness and weather-resisting quality of the walls,
which have just been referred to ; second, the fact that houses built in close proximity tend to gain
some additional warmth from their neighbours' fires ; and, third, the fact that in the tenement dwelling
the external wall space, including roof space, is less per dwelling than in the semi-detached cottage and
probably less than in the teiTaced cottage. This statement, we think, needs to be qualified in regard to
the topmost houses which are directly under thff'roof of the tenement. But in most cases they only
form one-fourth of the whole number, and they benefit most from the fires and general house-warmth
of the dwellings below. But it must be kept in view that this restriction in external wall space reduces
the possible number of windows, and, hence, of separate apartments (a point dealt with in Paragraph
489). Dr Dittmar, Medical Inspector of the Local Government Board, drew attention to the difficulty
of lighting groimd-floor houses adequately in high tenement property. He held that the 9-feet 6-inch
ceilings required by the Burgh Police Act were in this case necessary, while they seriously reduce the
floor space and so diminish the convenience of the dwelling. (355 ff., 660 ff.)
488. The Secretary of the Edinburgh Garden City Association stated that the height of the build-
ings is objectionable ; especially when built in the traditional hoUow square they exclude sunlight
and air. (Roxburgh, 19,451a (27) (2) ; cf. Lome Campbell, 19,690.)
REPORT. 63
(c) Nurr^r of Possible Apartments.
489. We have already referred to the difficulty of securing a satisfactory arrangement of houses
round the common stair ; but there is a further difficulty in planning the rooms satisfactorily within
individual houses. If the alternative plan of a balcony tenement is adopted, then the most obvious
design is that of the through house, i.e. the dwelling in which " the room " can only be reached through
the kitchen, and the kitchen becomes a passage as well as living- and sleeping-room. These difficulties
are due to the relatively great depth {i.e. measurement from back to front) of the tenement block in
proportion to the frontage of the individual houses. This handicaps the designer by limiting the number
of windows which he can provide. (Roxburgh, 19,451a (27) (4).) It is probably one cause of the
reluctance to substitute a large number of rooms, varying in size, for the one or two large rooms typical
of Scottish tenement dwellings. Mr Mactaggart mentions it as an advantage of the tenement that " only
' good-sized apartments can be let " ; but he gives the other, and probably more important, side of this
fact among his arguments in favour of the cottage, — " Cottage tenants seem to prefer, or at least accept,
' a number of small apartments rather than a few large ones. This conduces to keep the sleeping accom-
' modation of the sexes apart." (Mactaggart, 22,847 (7) (c).)
(d) Nearness to Work {Tenement) compared with quieter and more airy Surroundings
with Garden {Cottage).
490. The most important argument in favour of the tenement, and the only one accepted as of
real weight by more than one important witness (Walker Smith, 4213 (13 f.) ; Horsburgh Campbell
cited above), is the fact that it enables large bodies of workers to live within a convenient distance of
their employment where such employment is highly centralised, and so saves much of the time and of
the money which would otherwise be expended in transit. Whether this be true economy or not, it is
obvious that it is not a negligible factor, especially at a stage in family history when more than one
of the children become wage-earners, and so several members of the household have to make their
way to the business or industrial quarter of the city.
491. It will, however, be readily understood that this advantage of proximity to the centre of
employment is purchased by the high density of population which the tenement system makes
possible.
Thus one of the representatives of the Edinburgh Trades' Council stated that while his Council
admitted that it is possible to construct tenements that might not impair the health of grown-up people
occupying them, their complaint against the tenement was not so much for the man as it was for the
mother and the children. They wished, he said, the people to be well-housed, from a public point of
view, but they also wished them to be housed in a humane way, so that they are not cut ofE from gardens
and such things. The same witness also pointed out that the want of garden plots for the cultivation
of vegetables, fruit or flowers leads to an almost complete divorce of tenement dwellers from nature.
(Eunson and Wilson, 18,172 and 17,947a (24).)
From this we naturally pass to —
(e) Disadvantage of the Tenement for the Housewife, Children, and Old People.
492. We have received further evidence from the same witnesses, who hold that recent improve-
ments in the construction and maintenance of tenements do not radically alter their character as affect-
ing the well-being of the family. Though admitting that in recent years the three-roomed tenement house
has been much improved in sanitation and convenience, that baths and fixed tubs with hot and cold
water have been introduced, stairs have been better lighted and ventilated, and that the number of tenants
to a stair has been reduced, they declare that even so, their principal objections to the evils inherent
in the tenement system still hold good. They point out that it invariably means overcrowding and
congestion. It results in confinement to women and young children. Married women with children
at best have, during the day, but a brief respite from household duties. The tenement system effectu-
ally prevents their spending such leisure time as they do have in the open air, and its social effects in
throwing together so many families in close proximity and in daily contact are objectionable.
493. Another witness (Mr Alex. Hair, Paisley), representing working-class opinion, gave a full state-
ment of the objections from the point of view of child-life to the tenement in a West of Scotland city.
He stated that the evils are that the sun and air cannot get free access to the houses on the ground flat,
because the blocks of tenements are generally lined up back and front by similar blocks from 50 to 70
feet apart : that as each of these tenements contains, say, from eight to twelve tenants, there are thus
a very large number of persons crowded on to a very small area ; that the climbing up and down of long
flights of stairs is neither conducive to health nor to cleanUness, as the disposal of sweepings and house-
hold refuse is a difficulty for wives and mothers who have a multiplicity of duties to attend to. Again —
he said— mothers cannot have proper supervision of their children of tender years while playing outside,
and these must therefore be kept indoors for the greater part of their time. He contended that the lack
of proper playgrounds for the children — especially those of from two to six or seven years of age — where
they might always be under the eye of their mothers, was one that urgently called for remedy, and was in
no way met by the opening of public parks and playgrounds in various parts of the town. He pointed out
that the streets were to be avoided, as they had become increasingly dangerous ; that during the year
up to May 31, 1914, there had been in Paisley forty-five accidents to children under fifteen years of age
caused by motor-cars, tram-cars and horse-djawn vehicles, six of these accidents being fatal. He con-
cluded that the backyards of the tenements are limited in area ; that they are grassless and altogether
unsuitable for playgrounds, and are often dangerous to the health of the children because of the proximity
to the dust-bin, or, as is often the case, through the presence of the walls of some disused midden or dry-
closet. (Hair, 38,424 (2).)
Witness suggested as a constructive measure that the municipahties should build houses of not
64 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
more than two storeys in height, and that such houses should be built in short rows at right angles to
the main thoroughfares so as to minimise the nuisance of dust and the intolerable noise from heavy
horse- and motor-traffic, and also to greatly reduce the danger to children who happen to be in the street.
(Hair, 38,424 (4).)
494. Other witnesses emphasise the bad effect of the tenement system on the life of the children.
The representative of the StirUng Trades' Council said that mothers have not enough inducement to
take the children downstairs and out into the open ; that when they do go into the open it is on to a
hard street, and owing to the height of the tenements the children do not get anything like sufficient
sunshine. (M'Laurin, 18,534.) Wliat the condition is in the worst type of tenement is told by the Rev.
Dr Watson, Glasgow : —
The children are forced out of doors to give the housewife room to work. This, to me, is the
saddest result of wretched housing. In my evening visitation I find the children everywhere —
sitting in the closes and on the stairs, trying to play, often half asleep, on bitter winter nights. Some-
times they play in the dark, evil-smelhng courts, sometimes in the dimly-lit streets, and they learn
no good. They see sights which demoralise, and hear language which corrupts. Any good they
learn in the school is neutralised at night. (Rev. Dr Watson, 22,379 (8).)
On further examination Dr Watson amplified this statement, and emphasised the need for recreation
centres where children could play within five minutes' walk of their homes. (Ibid., 22,411.) He said : —
Often I come across them sitting by the dozens in these damp, draughty stairs, trying to play.
I have seen them asleep. The other night I wakened a little girl about four years of age leaning
sound asleep against a door. I asked her what she was doing there at this time of night — -it was
nearly 10 o'clock— and she said, " My maw's no' in." I had seen her earlier in the evening on the
ground floor attempting to do a drawing on the wall with a piece of chalk, but this was at the top
when I saw her again at her own door, and she could not get in.
495. Dr Chalmers, City Medical Officer, Glasgow, gave similar evidence, stating his opinion that,
while the more modern tenements in Glasgow were free from many of the older defects, he did not think
that " the problem of open spaces behind the tenements " suitable for children to play in had been solved.
(20,283-6.)
496. This difficulty is not indeed confined to the Scottish type of tenement dwelling alone. It occurs
wherever there is great congestion of houses, and the Medical Officer for Liverpool spoke strongly of the
evil effects, both moral and physical, on the life of the children of the crowded and insanitary court-
yards which formerly existed in large numbers in that city. (Hope, 24,623 (14, 31), 24,696.) But
while these evils are inseparable from extreme congestion in whatever form, that obviously does nothing
to detract from the criticism of the tenement system as one of the worst foims of overhousing. In this
connection the comparison of the English cottage with the Scots tenement in their bearing on child-
life, given by the Medical Officer for Birmingham, is of interest. He held that the tenement, if reason-
ably constructed, may be " perfectly right for adults," but that for children even a defective courtyard
dwelling is decidedly preferable. When families are housed in flatted buildings he held that bad results
among the children were certain to follow. In little cottages, on the other hand, where the mother puts
the child out in the backyard, dirty as the backyard often is, he was quite sure it is better for the child.
He pointed out that between the ages of one and five, when the child cannot go down the stairs from a
top flat, it can " toddle about " in a backyard, while on a top flat very few of them have any decent
air supply other than the rooms afford. (Robertson, 24,898.) This criticism applies, mutatis mutandis,
to the case of old people who are unable to go up and down long stairs. More than one witness
emphasised the difficulties involved in tenement living for the housewife.
497. Mr Hair, whose evidence regarding the children we referred to in Paragraph 493, went on to
describe the washing-day in a tenement and the hardship involved where eight to twelve persons shared
one washhouse. In bad weather the washing-ground at the back of the tenement " is very often a
' quagmire," and heavy baskets of newly washed garments need to be carried up the long stairs and dried
in the living-room of the family. In addition, the washing may be interrupted several times by the
need to come in and cook the husband's meals, with consequent additional journeys up and down the
stairs. The number of persons, too, who use the small washhouse generally results in that place be-
coming dilapidated and uncomfortable, till the whole process of washing has become the bugbear of the
Hfe of the workman's wife. (Hair, 38,424 (3) ; cf. Bishop, 5996 (19).) The witness accordingly re-
commended the provision of municipal washhouses in a sufficient number to be convenient to all the
tenement dwelhngs in a city.
498. It may be remarked that this experience of the common washhouse does not harmonise with
the opinion already quoted from Mr Knowles's evidence (Paragraph 477), that an advantage of the tene-
ment is that a good common washhouse for the tenants may be provided at less cost than would be
involved in giving separate washing facilities to each. This question of how best washing facilities can
be provided is one on which there is some difference of opinion, but it seems clear that though some-
thing may be said for the provision of a common washhouse for the small or medium-sized tenement,
the large blocks (with many houses on a single common stair, which are common in the cities) inflict
much inconvenience and even hardship on the mother of the family. Mrs Laird, giving evidence for the
Women's Labour League, said : " Certainly the tenement house and living on the top flat, as I do, does
' not appeal to me. I think it is rather a cruel housing system that women should have to climb 60 steps
' carrying a heavy parcel or basket."
499. There are indeed two advantages on the other side suggested by the next two headings.
(f) Convenience of having all Rooms on one Level.
500. This is a point which appears to be of some importance in the eyes of the Scots housewife, and,
as Mr Mactaggart suggests, it is of especial consequence in case of illness (22,847 (6) (d)). It is probably a
real advantage, but it is one which belongs to the flatted cottage not less than to the regular tenement
REPORT. 65
of three or four storeys. It must also be remembered that, while in the tenement the often incon-
veniently steep and narrow internal stair is dispensed with, there are still, for all except the ground-floor
tenants, the common stairs to be climbed — and cleaned.
(g) Additional Sense of Security.
501. Mr Mactaggart also said : — •
I myself have lived in flats, and in a detached house also, and I find that there is that feeling
among all, that they can lock the door of a flat and go away without having much fear that burglars
will come in, because there is a chance of people being below or being opposite them who will notice
them ; and certainly there are more burglaries in Glasgow in the outskirts than there are in the
tenement property. (22,864.)
With a good many tenement-dwellers this is probably a not unimportant consideration ; and it may be
taken as in some measure counterbalancing the difficulty in policing tenements and the added danger in
case of fire alleged by Mr Wilkes. (See Paragraph 478 (2) and (5)).
(h) Common Stairs and Conveniences.
502. This is a point which may be rapidly passed over here— as the care of common stairs and the
use of common conveniences will be treated in the chapter on Occupancy. Some light — also in a separate
chapter (viz. Chapter IX.) — -is thrown on the difficulties and the lack of privacy involved in the use of
common stairs, sanitary appliances, and washhouses. In this respect much depends on the class of
tenants present, but it is certain that where the number on the stair is large the effect of a single undesir-
able family in lowering the general standard and making life difficult for the neighbours is correspond-
ingly great.
503. On this point a reference may be made to Mr Mactaggart's argument that " in four-storey
' tenements three-fourths of the tenants are . . . less liable to have their drains choked." (See Para-
graph 476 (c).) As long as the property is in good order, and the sanitary arrangements are carefully
used, there may be a certain advantage in having simpler drainage for each individual house ; but in
other conditions there is the grave disadvantage that the carelessness of one family may affect the whole
tenement, and that it is more difficult to bring home responsibihty to the defaulter than in the case of
cottage property.
(i) Difficulty in Controlling jointly-owned Tenements.
504. In addition to the administrative difficulty caused by the number of occu piers in a single tenement,
who have very different standards in regard to cleanhness and other common duties, there is a further
difficulty, less frequent but not unimportant, due to the composite use or ownership of the same tenement.
505. There are two forms of this difficulty. One arises, as was clearly pointed out by the Sanitary
Inspectors of Leith and Bo'ness, when the ground floor of a tenement is used for shops and the upper
storeys for dwellings. The latter have, in certain cases, reached a point of dilapidation warranting
their closure. Their demolition ought to follow, but the shops still have a certain value, and the owner
may insist on keeping them open, and may demand that, if the dwellings be demolished, the municipality
shall provide a new roof for the shops. In this way a deadlock may be reached. The Leith case is
the more complicated one. The shops belonged to one owner, and each of three or four flats above the
shops belonged to different persons. Who, then, is to be held responsible for any injury to the shopkeepers
or damage done to their goods or property during the process of demolition of the dwelling-houses, and
who should re-roof the shops ? The witness suggested that in the case of dwellings requiring to be
demolished above shops, the owners of the former should be legally responsible for the re-roofing of the
latter, and for any damage done in process of demolition. The other witness who dealt with the point,
wished for powers to close the shops as well as the dwellings, holding that, in the case with which he
was dealing, the shops were imhealthy for those who had to work in them. (Bishop, 5996 (11 f.) and
6234 ; Louden, 34,388 (11) (1) and 34,444.) In the case of old tenement property we think this would
often be so.
506. The other form of difficulty is due to composite ownership, but without the complication of
the presence of shops below. Mr Bishop, one of the witnesses referred to in Paragraph 505, said :—
There are other cases under consideration where condemned houses are sandwiched between
others that are quite good, i.e. good houses above and below, or on either side.
An extreme instance of this difficulty was cited by the late Sanitary Inspector for Edinburgh : —
There was one case at South St James Street closed last year ; there are 52 houses, and the
proprietors on one side of the stair have made beautiful two-room houses, they have reduced the
tenancy by one-half, while the other side of the stair is owned by some impecunious person who
has not the money to put it right, and therefore that half of the tenement remains closed, and is
a menace to the health of the occupants of the other half.
The witness stated that the Local Authority had no power to prevent this one-sided treatment, with
its consequent drawbacks. (D. Rutherford, 5770 f.)
507. A case of the same kind in the East End of Glasgow was described by the Rev. Dr Watson.
A certain court was " notorious for the population that lived there, and for the style of house. ... It
' was a perfect rabbit warren on either side. Houses everywhere, down below, upstairs, outside stairs,
' and so on." Dr Watson then stated that part had been taken for the extension of an adjoining electrical
works, but one side was still let. When questioned as to the reason which had delayed the demolition
or reconstruction of this side also, Dr Watson stated that the Kyrle Society and the Workmen's Dwelling
Company, acting together, had attempted to acquire it for the latter purpose, but that the difficulty
was that there were two owners. One owner had the frontage, which was very narrow, and another
owner had the back, and inside there was a large court and some of these small houses. The front was
of no use without the interior, and the interior was of no use without the frontage. The Workmen's
Dwellings Company did not see their way to move tmless they could get the whole property, and the
bit that is left belongs now to one owner. (Rev. Dr Watson, 22,385-7.)
5
66 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
508. A clause dealing with this difficulty was introduced into a local Edinburgh Act so long ago
as 1879. It provided that in the case of such a compositely owned building becoming insanitary the
Dean of Guild Court may ..." call all persons interested therein before the said Court, and order
' such house, building, area, cellar, or open space to be valued." It further provides that such valuation
shall distinguish the portions of the tenement belonging to the several persons interested, and give each
the option of buying from or selling to the others their respective portions, " and that within a reasonable
' time, to be fixed by the Dean of Guild Court, not exceeding six weeks." (Edinburgh Municipal and
PoUce Act, 1879, section 171, cited by Horsburgh Campbell, 18,745 (32).) It will be observed that
these powers are permissive, and are to be exercised by the Dean of Guild Court and not by the Public
Health Authority.
509. We do not suggest that such difficulties as these occur wherever tenement properties are divided
among several different owners. The reverse is shown by evidence given by the Secretary of the Dum-
barton Building Society and the Manager of the St Cuthbert's Co-operative Association Limited, Edin-
burgh. Both societies have built tenement dwellings, in which the individual houses are sold separately
to their occupants on a system of deferred payments. Both witnesses were questioned as to the system
on which repairs are carried out after the occupier has taken possession of his flat, and stated that there
was no difficulty in the matter. The evidence of Mr Cairns of the St Cuthbert's Association is especially
explicit on the point.
Questioned in regard to matters like stair cleaning or repairs to the roof or to the drainage system,
which affect the whole of a tenement or the whole of one side of the stair, he stated that these are
arranged in the feu-charter, and the general rxile is for each one to pay his share according to the pro-
portion of his feu, and that his company did not exercise supervision to see that the things mentioned
were carried out. He said the Sanitary Authority of the town did that. When a drain was out
of order instructions were given for its repair, and the proprietors paid for it in proportion to the
amount of their feu, and there was no friction and no delay. He mentioned that each family had its
own sanitary and washing accommodation, and therefore there were no difficulties on these matters.
(Cairns, 39,632-7 ; cf. Lyon, 33,902.)
510. This statement shows that the difficulty of securing maintenance in the case of a jointly-owned
tenement is not insuperable, so long as the building as a whole is in good order and is occupied by tenants
who imderstand their responsibility and take an interest in the care of their houses. But the evidence
already mentioned shows how much trouble may arise in the opposite event, and appears to afford a
further valid criticism of the system of building in large tenement blocks.
(j) Relatively Low Death-rate in Good Tenement Property.
511. This is a matter on which accurate data seems to be not over-abundant. There can indeed
be no doubt as to the bad pre-eminence occupied in this respect by tenement property of the insanitary
and congested tj^e. The Medical Officer for Edinburgh mentioned cases in which a colony of double-
flatted houses is found in the same part of the city as tenement property of the older type. He told
us that in the eastern district of the city the general death-rate among the inhabitants of such a colony
had fallen to the extremely low and satisfactory figure of 8 per 1000, while that applicable to crowded
tenement houses, situated only a few hundred yards distant, reached the much higher figure of 13-2
per 1000. He also found that in another colony of double-flatted houses the death-rate is 9-4 per 1000,
while that of tenements in close proximity reaches 14-7 per 1000. (Maxwell WilHamson, 5539 (47).)
From Aberdeen another comparison was supplied by Professor Hay, covering a wider area, viz. three of
the municipal wards. It is valuable in affording statistics not only (1) of a district (Greyfriars) con-
taining a poor population and not a little dilapidated property, though not the high tenements common
in Edinburgh ; and (2) of a residential district (Rubislaw) with a well-to-do population, including well-
paid artisans ; but also (3) of a new industrial quarter (Torry) inhabited by a vigorous population,
mainly engaged in fishing and allied trades, and housed in modem tenements of the type already
described. (Appendix CXLII.)
512. The statistics are as follows : —
City of Aberdeen Birth- and Death-rates in Three Typical Wards op the City.
Annual Averages for the Years 1911 and 1912 {combined).
Rubislaw.
Torry.
Greyfriars.
Whole City.
Population (1911) ....
20,210
11,428
13,850
163,891
Birth-rate
16-2
32-5
34-1
25-0
Death-rate from all causes (per 1000
of population) ....
10-2'
11-4
16-3
154
Infant death-rate (deaths under one
year per 1000 births)
83
115
170
133
Excess of birth-rate over death-rate .
6-0
21-1
17-8
9-6
Death-rate (per 1000 of population)
from —
(a) Zymotic diseases
0-8
1-6
31
1-5
(6) Pulmonary tuberculosis .
0-6
0-6
1-3
M
(c) Other tubercle ....
0-2
0-4
0-7
0-4
REPORT. 67
513. This table is of sufficient importance to warrant our adding a portion of Professor Hay's com-
ments on it. He first described the type of house in Torry — tenement houses, erected within the last
twenty to thirty years, with plenty of surrounding air space, and an adequate supply of all modern
conveniences. The population of Torry, he stated, gives the data for a working-class population living
under good sanitary conditions, and, on the whole, in regular and well-paid employment. (41,334 (210).)
514. After remarking on the comparative birth-rate and death-rates from zymotic diseases and
phthisis, Professor Hay proceeded that the comparison between Rubislaw and Torry — the one with
a predominatingly better-class population, and the other with a working-class population in good employ-
ment, and both with good housing, although the usual size of house in Torry is much smaller than in
Rubislaw, and is about two to^ three rooms — shows that two such populations yield similar results from
the health standpoint, so far as can be judged from vital statistics, with, however, a balance in favour
of Torry in respect of the much greater surplus of births over deaths.
515. As between Torry and Greyfriars, Professor Hay pointed out that apart from the birth-rate,
Greyfriars shows a distinctly worse record than Torry, its death-rate being substantially higher ;
that while part of the difference is imdoubtedly due to a difference in the wage-earning power of the
two working-class populations, it is difficult to believe that a considerable part of the difference is not
also due to differences in housing conditions ; and that these conditionsHdiffer less in size of house than
in quality of house, especially in respect of good lighting and surrounding air space. In reply to sub-
sequent questions, Professor Hay added that he considered the bad effects of housing on health to be
most serious in the case of infants, and to act in large measure indirectly by lowering vitality and
lessening the power of resisting disease. (41,334 (215 f.) and 41,471 ff.)
516. It may be said that no definite conclusion can be drawn from a single comparison of this kind,
even though the determining factors are as well marked as they appear to be here. But it seems sufficient
to prove the negative conclusion at least — that the mere fact of tenement housing does not itself prove
seriously injurious to health if the other conditions are satisfactory, and if the tenements are well spaced
out on an open site (in this case (i.e. Torry) a sloping site exposed to the sea winds). The comparatively
small difference in death-rate between Torry and Rubislaw is accounted for as to two-thirds by the difference
in the zymotic death-rate, and is indeed less than might be expected in view of the very marked difference
in the birth-rate. Any conclusions drawn from this or any similar table do not, of course, dispose of
the other considerations already brought forward. All that can be stated with confidence is that the
tenement, given certain conditions, is not necessarily unhealthy.
(k) Comparative Building — and Development — Costs.
517. A question of importance is, we need hardly say, whether the tenement provides a better
retiun in accommodation than the cottage for the money spent on it, estimated either in capital value
or in rental. It is obvious that a certain economy is effected by housing a number of families in a single
building, in which they are protected by the same roof, and in which the drainage system is more con-
centrated than would be the case in cottages, and also that the building of flats upwards reduces the
area of ground occupied, and so the length of street or roadway needed to give access to the individual
houses is correspondingly reduced. But these economies are counterbalanced by heavy expenditure
in other directions, and which is the greater saving only experience can show. Circumstances vary
so greatly from place to place that absolute precision cannot be obtained, but two tables of comparative
costs laid before us seem to give at least an approximate answer to the question.
518. First, in regard to development, Mr Walker Smith pointed out that the economy was not all
on the side of the tenements.
If, with the limitation of the nxmiber of houses per acre, and the great amount of air space
aroimd buildings, land can be so disposed — as I am inclined to think it can- — that the cost per house
for street construction and development may be reduced considerably, that becomes a factor for
consideration. It will be found that the cost of land and development per house will not increase
at all proportionately with the diminution of the nimiber of houses to the acre. (4213 (16).)
This is in agreement with reasons (7) and (9) of Mr Wilkes's statement quoted above. (Paragraph 478.)
The argument, which we think is sotmd, is that, with open cottage development, there will be less con-
centration of traffic, and it will be sufficient to lay down roads in purely residential districts, lighter,
narrower in the actual roadway, and thus more economical than the present " byelaw " streets or roads.
The economy thus obtained will be an important offset to the greater length of roadway, sewers, etc.,
necessary in cottage development. (Cf. Horsburgh Campbell, 18,745 (75 f.).)
519. As to the value obtained in the buildings themselves, Mr Walker Smith gave the results of
two separate inquiries. The first was based on a comparison of three cottages at Vickerstown and three
at Harbome (Birmingham) with four good modern tenements at Clydebank and two in Edinburgh.
The floor areas, including bathroom and scullery, but excluding water-closet, etc., and the amount of
floor area obtained per £ of rental, worked out as follows :—
6S
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Kooms,
Rent including
all Rates.
Area.
Area per £
Rental.
£ 5. d.
square yards.
square yards.
Cottage, Vickerstown
3 and scullery.
13 0 0
63
4-8
)j )>
5 and scullery.
16 18 0
78
4-6
J) )j
)J SJ
19 10 0
80
4-1
Cottage, Harborne
3
11 14 0
54
4-6
» jj
3 and scullery.
16 18 0
57
3-4
J) )>
5
22 15 0
83
3-6
Tenement, Edinburgh
2
14 12 9
36
2-5
J) >j
3 and scullery.
25 1 9
85
3-4
„ Clydebank
2
15 15 0
40
2-5
jj )>
2
11 10 0
, ,
2-56
j> >j
1
9 10 0
21
2-2
>> >>
2
17 0 0
36
2-1
(Abridged from Appendix XVI. ; c/. 4213 (22 fi.).)
520. It should be added that the witness did not consider the houses at Vickerstown entirely
economic. But if we take those at Harborne alone, we find the English cottage giving from 3-4 to 4-6
yards of floor space against 2-1 to 2-5, and, in one case only, 3-4 for the Scots tenement dwelling.
The same witness at a later stage of our inquiry submitted the result of an investigation on a broader
basis, which brought out a somewhat similar comparative advantage on the side of the English cottage.
In this case the average floor space of English cottages works out at 488 superflcial feet (or 54-3 yards),
and the tenant pays 8-49 pence per square foot per annum ; while that of the tenement is 428 feet (or
47-6 yards), and the tenant pays 10-2 pence per square foot per annum. (Walker Smith, 41,557 (47 fi.))
521. In a similar comparison supplied by Mr Horsburgh Campbell, two modem tenements in Edin-
burgh, containing in all seventeen houses, are compared with three cottages built by District Councils at
Barking (E. London) and Hayes (Middlesex). The figures are as follows :—
The tenement houses contain two and three rooms, measuring from 400 to 710 superficial feet,
costing for the building only from 6s. 7d. to 6s. lOd. per superficial foot of floor space, the weekly
rent for 100 superficial feet ranging from Is. l|d. to Is. 5d.
The cottages contain four and five rooms, measuring from 561 to 650 superficial feet, costing
for building from 5s. l^d. to 5s. 3d. per superficial foot, the weekly rents for 100 superficial feet
being respectively lOd., ll|d., and Is. 4d. (Abridged from table, 18,745 (61).)
From these figures the witness deduced the following results, viz. : that a house of, say, 600 feet of
floor space would cost, in the case of the tenement, £204 to build,, and in the case of the cottage £174
to build, or a difference in favour of the cottage of £30, or an economy of 15 per cent. ; that taking the
• same in rental instead of capital cost, 600 feet of floor space in an Edinburgh tenement costs per annum
£19, 10s., and a cottage in London (outer ring) £16, 5s., or a saving by the London cottage of £3, 5s.
per annum. (Ibid., 18,745 (62).)
522. It may be objected that the cottages referred to near London are built with lighter walls than
would be required in similar dwellings in Scotland, and probably a certain deduction must be made
from the comparison on this account. But to show that the discrepancy exists even when the buildings
compared are in the same area, we may add to these comparisons between the Scots tenement and the
English cottage a comparison between the cost of cottages and tenements both built by the London
Coimty Council. The architect to the Council supplied the following figirres regarding the tenements
on the Bourne Estate, Holbom, already mentioned in connection with the question of balconies. (See
Chapter VII.) Accommodation is provided for 3902 persons in 794 houses, the great majority of which
contain two and three apartments. The height of all the rooms is 8 feet 6 inches. The average area
of the living-rooms is 150 feet superficial, and of the bedroom 100 feet superficial.
Cost per room, approximately ....... £95 10 0
Cost per foot cube, including foimdations . . . . .00 9-53
Total cost of buildings . . . . . . . . £221,000
Persons per acre, including half surrounding roads .... 703
(Riley, 25,121 (5).)
523. Subsequently the witness gave a comparative figiire for the cottages at Tottenham. He said
the cost of cottages on the White Hart Lane Estate is only a little over 4|d. per foot, as against 9Jd.
per foot for the Bourne Estate tenements. The explanation of this difference was, he said, the decreased
cost of the thickness of the walls on the lower flat and of the construction, in regard to which he pointed
out that in the tenement dwellings in London one dwelling must be separated from the other by a fire-
resisting construction, and the first thing that has to be introduced is the fire-resisting floor ; that is covered
with wood boards, and there is the extra thickness of the walls, and the construction generally is more
solid and more costly in block dwellings than in a cottage. We visited both estates referred to in this
paragraph. The Tottenham Estate has been more recently developed, and so the buildings there date
from a time of higher costs. (15,154 f .)
524. Mr Walker Smith's statement of the reasons for the high cost of tenement building may also
be given. If one builds foiu* storeys in height, the walls have to be sufficiently thick to carry the great
height and a heavy roof (it is in the external walls chiefly where the excessive cost is), and everything has
REPORT. 69
to be thick and strong in proportion ; and further, land is made so dear, that great depth of buildings is
provided in order to get the requisite number of houses on each floor. The rooms need to be very high
in order to get light at all to the back of these premises, which adds expense to the walls, and the joisting
of big rooms needs to be heavy. (4213 (30).)
525. In contrast to this, we may quote the statement of Mr Mactaggart regarding 44 cottages built
by him at Scotstoun, and visited by members of the Commission. " The cost, cube for cube, was almost
' similar to that for four-storey workmen's tenements, viz. 4|d. per cubic foot." (Mactaggart, 22,847
(27) ; cf. 22,900.) This suggests that in Scotland, where tenement building has been studied and prac-
tised for generations, it is probably less costly in comparison with cottage building than in England.
It is also to be kept in view that the comparisons first given were in terms of floor space, not of total
cubic capacity, and that the tenement shows better on the latter reckoning, as the rooms are generally
higher ; but the general trend of present opinion as represented in the evidence is to lay greater stress
on superficial area than on cubic capacity {i.e. on working space rather than on air space alone) as a test
of satisfactory housing. It is interesting to find, however, that Mr Mactaggart finally is disposed to con-
demn the tenement as uneconomic, and the following statement is of some importance as coming from
an expert in this line of building :■ — " It is always rash to prophesy, but it is my opinion that tenements
' will go out of vogue, as I said before, not perhaps because of any prejudice against them, but because
' we cannot produce them, and that we will be compelled to adopt the English system from purposes of
' economy, because I believe we could, if the industry was properly organised, produce that type of house
' cheaper than in England." (23,010.)
526. The general impression left by the above figures is undoubtedly that the tenement is economic-
ally inferior, simply as a building, to the cottage. Before leaving the subject, we may refer to two
examples of the brick tenement in Scotland. The two large blocks built by the Glasgow Workmen's
Dwellings Company cost per cubic foot : —
Cathedral Court (1892)
Greenhead Court (1900)
Building and
Laying out
Courts.
4-97d.
5-52d.
Architects' Fees
and all Initial
Expenses.
0-39d.
045d.
These rates seem comparatively high for the period, but Mr Mann, the Secretary of the Company, explained
that they were for dwellings with small, and so comparatively expensive, rooms, and that — as we saw — •
all the workmanship and fittings were of the best so as to minimise repairs. (Maim, 21,207 (12).)
527. In this respect the Perth Town Council's dwellings are of interest. There are two blocks—
St Katharine's Court and St Johnstoun's Buildings — -both built on the balcony system. The former
was built of freestone in 1901. It contains 70 houses with 128 rooms, and cost £12,200, or £174 per
house and £95 per room. The latter was built in 1904 of brick and roughcast. It contains 44 houses
with 80 rooms, and cost about £6500, or £148 per house aiid £81 per room. St Johnstoun's Buildings
has the better appearance of the two, and is better kept, though this may be in part due to the fact that
it is in an opener and pleasanter position, and so may attract a superior type of tenant. The witness who
gave these facts added the comment that this pointed to the advantage of the use of brick and roughcast
in the erection of such buildings, and there seemed to be no great advantage in making a building of this
kind too substantial so long as the essential parts are sufficiently strong. (Ritchie, 36,728 (1 f.).)
(1) The Type of House 'preferred by Scottish Tenants.
528. The effect of custom is strong in such a matter as housing, both among those who build the
houses and those who occupy them. Thus it is not surprising to find a liking for tenement dwellin"^
among those who have always been wont to live in them. Both the witnesses already quoted, repre-
senting the Dumbarton Building Society and the St Cuthbert's Co-operative Association Limited,
Edinburgh, spoke quite definitely as to the popularity of the flat as a residence, and even as a subject
of purchase on the part of the occupier. (See Lyon, 33,902 ; Cairns, 39,632-7.)
529. Mr Mactaggart gave it as his opinion that there was a considerable element of conservatism
in Glasgow in this matter, and that the two large rooms, common in tenement dwellings, were preferred
to a greater number of smaller rooms, though he did not suggest that such a preference was unalterable.
He did, however, say that he had seen Scotsmen in English towns who preferred the tenement to the
English system. . (Mactaggart, 22,855-62.) There is, however, strong evidence on the other side,
and that given by Mr Walker Smith deserves quotation : —
As to the Scotsman liking the tenement, from numerous inquiries that I have made I doubt
very much if the working classes of Scotland have any great love for the tenement. I agree that
for want of a better choice they do willingly remain in tenements. It is true also that they appreciate
proximity to their work, and so does the English working man. It is true also that in Scotland,
speaking generally, the working man is not educated to the demand for a high standard of housing.
. . . There may be cases, but I have not heard of them, where tenants having once become accus-
tomed to the cottage or self-contained system of dwellings, have expressed a desire to go back to
the tenement. On the contrary, I have made personal investigations (to which I refer later in
Tabulated Statement, vide Appendix No. XV.) among Scottish people who have lived in tenements
in Scotland and taken to the cottage system in England, who were unanimous in their praise of
the cottage and in their condemnation of the tenement. (4213 (14) (c).)
70 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Mr Walker Smith subsequently added that his investigations at Barrow revealed that Scotch people
who are now living in cottages there were paying more for their houses in amount than they were paying
in Scotland, but that they were getting very much better value, and they thought it was worth while.
(Walker Smith, 41,755.)
530. The opinions given in Appendix XV. (last column) should be read in detail as throwing light
on various points discussed above. The Scotswomen who have migrated to English cottages especially
emphasise the inconvenience of the tenement as regards washing and the care of children as contrasted
with the privacy and relative airiness and commodiousness of the cottage. One engineer's wife, who
had been twenty years in England, told Mr Walker Smith that she " would not go back to tenements
' on any conditions, but would like to go back to Scotland if she could take her cottage with her."
(C/. Mrs Laird, 23,089.)
531. There is some evidence that in localities where a large number of English workmen have settled
the preference for cottage dwellings is spreading to their Scots fellow-workers. (Sims, 5973 ; Walker
Smith, 41,557 (4 (c)).) In the case of smaller towns,'we may refer to the evidence of the Sanitary Inspec-
tors of Musselburgh and Arbroath. In the former burgh two-storey workmen's dwellings, with two
and three apartments, separate water-closet accommodation, and small gardens, are popular. (Barclay
(13).) In Arbroath, where there has been a considerable extension of engineering works, the semi-de-
tached cottage, with four rooms, bathroom, etc., entered in the Valuation Roll at £14 to £17, is said to
be very popular an\ong the better-paid artisans. (Chalmers Smith, 34,800 (14), and 34,825 f .)
532. The work of the building societies in other towns in popularising the small self-contained
houses has already been referred to. {Cf. Hamilton, 29,495 (12).) Probably, however, the trend of the
more advanced working-class opinion on the subject is best shown by its official spokesmen. The definite
condemnation of the tenement system by the representatives of the Edinburgh Trades' Coimcil has been
already quoted (Eunson, 18,170 f.), as has the opinion of other representatives of the Labour Movement.
But we may add the expression of opinion by Mr Hair (who represents working-class opinion in Paisley,
as already explained), that there is a general desire among the working people of Paisley to get away from
the tenement system, even if this involves payment of somewhat higher rent. (Hair, 38,456-8.)
(m) The Extent of the Restrictions desirable in the Future.
533. The above discussion of the merits and defects of the tenement system naturally leads to the
question how far it should be restricted in future. There are certain measures, especially the provision
of cheap building land, and effective means of transit, and the relaxation of certain byelaws in favour
of cottages planned on modem lines, which, if they could be carried out, would give free play to the desire
already existing on a considerable scale to move from the tenement into the self-contained house. There
can be little question as to the desirability of providing these facilities for the construction and use of
cottages wherever a natural demand for them has shown or may show itself. There is, however, less
unanimity as to the direct restrictions which should be placed on tenement building. On the whole,
there are two well-marked opinions. Some witnesses would prefer to see all tenement building forbidden
in the future. Others hold that this is impracticable and unnecessary, but are willing, practically without
exception, to restrict such building for the future to houses of not more than three storeys. The latter
restriction has, in fact, been given effect to in several important instances already. In more than one
district of Aberdeen the better-class tenements are limited to three storeys. On the Pollok Estate in
Glasgow (one of the best examples of private and voluntary town planning) great care has been taken
in the case of tenements, besides keeping the building line back with plots in front, to restrict the height
(except in a few instances) to three storeys. (Campbell Murray, 23,881 (9).) The Dumbarton and
Falkirk Building Societies, where they have built tenements at all, have also limited them to three
storeys.
534. As regards the principal effect of town-planning schemes on tenement building, we may note
the evidence given by the Town Clerk of Dimfermline regarding the Rosyth town plan. He said
that if the scheme were approved by the Local Government Board as drafted it would not be possible
to erect tenements of houses which exceed two storeys in height plus rooms in the roof, which, however,
were only to be used in connection with the house on the first floor. He pointed out, however, that there
is a provision in the scheme whereby a tenement consisting of shops or offices on the ground floor, with
two storeys of dwelling-houses over same, with rooms in the roof to be used as part of the top storey,
might be erected on certain defined areas which all abutted on wide thoroughfares. (J. L. Jack,
43,150 (37 f.).)
535. The framers of this town plan, however, trust more to the indirect effect of granting a relaxa-
tion in the byelaws regarding height of ceilings and other points in favour of the cottage, while maintain-
ing the existing regulations for tenements, to discourage the latter type of building. In the same way,
the late Town Planning Engineer for the Middle Ward of Lanarkshire holds that in the schemes there
a similar effect will be produced by the provision limiting the number of dwellings per acre to not more
than fourteen over the whole area, or twenty-two on any one acre (in the Shotts scheme). (Jack, 43,150
(39 f.) ; Ross Young, 43,312 (24 f.).)
536. It will thus be seen that there is unanimity in the opinion that the erection of cottages should
be encouraged, but that the leading witnesses do not all consider that tenement building can or ought
to be entirely prohibited. Several of these quoted above hold that in cases where a large number of
workers, with low or moderate wages, have to be housed near to a highly-centralised industry, tenements
are still necessary. But they all argue for modifications in size and plan of the tenement as it was erected
in Scotland at the end of the nineteenth century. (See especially Roxburgh, 19,451a (28 f.); cf.
Bishop, 5996 (39 (6)).)
537. Having considered carefully the whole evidence, we are of opinion that so far as possible house
building in the future should be of the cottage or flatted villa type, but we recognise that in some of the
highly-centralised industrial areas this is, or may be, a counsel of perfection. We have, therefore,
given a good deal of thought as to the type of tenement which might be allowed, and the conditions upon
REPORT. 71
which it might be allowed for districts which contain large and centralised masses of population. Our
recomrnendations are :• — ■
(1) That no tenement, including ground floor, should be of more than three storeys.
(2) That none of the houses. entering off the common stair shall be in the nature of back- to-back
houses.
(3) The tenements should be arranged in blocks as separate or detached pavilions, so as to admit of a
sufficiency of light and air.
(4) There should be sufficient open space about the tenement to provide adequately for ventila-
tion, and sufficient space in the immediate neighbourhood to allow : —
(a) Children's playgrounds,
(6) Public bowling greens and gardens,
(c) A certain number of private gardens allotted to the houses,
(d) So far as possible each house to have a separate bleaching and drying green.
(5) No tenements should be allowed in the form of hollow squares.
(6) Where tenements of three storeys are erected, there should not be allowed more than 32 houses
per acre ; that where double-flatted houses are erected, not more than 24 houses per acre should be
allowed ; and that where single cottages are erected, the number of houses per acre should not be more
than 16.
(7) That these recommendations- — notably Nos. (1), (2), and (6) — should, in appropriate form, be
embodied without delay in an Act of Parliament.
We think the conditions enumerated above are necessary if the evils of the tenement system so pre-
valent at present are to be avoided in the future. If the conditions referred to are rigidly enforced, the
tenement system of two, but not exceeding three, storeys in height may, we believe, fulfil a useful and
healthy part in housing the working class in populous districts. We do not consider the tenement system
in any form as ideal, but we think from the practical point of view, as above explained, its existence
under certain conditions and limitations may be necessary.
538. We have referred in Chapter VII. on " Structure " to the question of subdivision of houses
and tenements, and while we make the definite recommendations above regarding the future erection
of tenements, we consider that further powers are required to control the subdivision of existing houses
or tenements. The suggestion has been made to us by Mr Horsburgh Campbell, the City Engineer
of Edinburgh, that just as in an open area or tract of land commencing to change from the agricultural
to residential the Local Authority may proceed to " town plan " that area, so should the Local Authority
be empowered to proceed to " tenement plan " the old mansion or flat or series of flats as and when
signs of subdivision are imminent. (Ibid., 41,170 (40).) He points out that in such cases the external
walls and the building as a structure are good and substantial, but that the internal arrangements, i.e.
those essentials of daylight in lobbies, also the ventilation, sanitary arrangements, and domestic details,
are not adapted and are utterly unsuited to the residence and crowding together of a number of separate
families. He suggests that any subdivision or " making-down process " should not proceed until the
effect upon the whole tenement has been considered and a proper plan agreed to. The subdivision
should conform to a pre-arranged plan, the tenement (or group of tenements) and not the individual house
being treated as the imit. We heartily concur in this suggestion, and are clearly of opinion that Local
Authorities should have full control over any process of subdivision of an existing house or tenement
whereby the number of separate houses in such house or tenement will be increased, and that this control
should operate in all cases whether or not structural alterations are contemplated. No subdivision should
be possible until the Local Authority has approved the plan showing the rearrangements proposed,
the number of families to be accommodated, the provision of effective lighting and ventilation of common
stairs and lobbies, likewise the provision of adequate and suitable sanitary arrangements for each
house. Indeed any such process of subdivision should be such as will secure that each house shall have
all the essential requisites of a healthy house. An appeal on the part of any owner of such property
against the refusal of the Local Authority to approve any plan and proposals submitted by him might
lie to the Local Government Board.
539. We agree with Mr Horsburgh Campbell that this power should be retrospective in its application,
and that the Local Authority should be empowered wherever they see fit (subject to a similar appeal as
above) to require plans to be submitted showing the reconstruction or rearrangement of the houses in
existing tenements that may already have been subdivided, and empowering the Local Authority to
require reasonable improvements, as above indicated, to be made so as to render the premises in all
respects sanitary and habitable. In this way effective steps could be taken to improve considerably the
conditions existing in many crowded tenements. (Horsburgh Campbell, 41,170 (38-44), 41,233.)
Summary of Recommendations and Suggestions in Chapter VIII.
(1) That no tenement (including ground floor) should be of more than three storeys. (Paragraph
537 (1).) •
(2) That none of the houses entering off the common stair of a tenement should be in the nature
of back-to-back houses. (Paragraph 537 (2).)
(3) That tenements should be arranged in blocks as separate or detached pavilions, so as to admit
a sufficiency of light and air. (Paragraph 537 (3).)
(4) That there should be sufficient open space about tenements to provide adequs.tely for ventilation,
and sufficient space in the immediate neighbourhood to allow : —
(1) Children's playgrounds,
(2) Public bowling greens and gardens,
(3) A certain number of private gardens to the houses, and
(4) So far as possible, a separate bleaching and drying green to each house. (Paragraph^537 (4).)
(5) That no tenements should be allowed in the form of hollow squares. (Paragraph 537 (5).)
(6) That where tenements of three storeys are erected, there should not be allowed more than 32
72 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
houses per acre ; that where double-flatted houses are erected, not more than 24 houses to the acre should
be allowed ; and that where single cottages are erected, the number of such cottages per acre should not
exceed 16. (Paragraph 537 (6).)
(7) That the above recommendations, notably Nos. 1, 2, and 6, should, in appropriate form, be
embodied without delay in an Act of Parliament. (Paragraph 537 (7).)
(8) That no subdivision should be permitted imtil the cfiect upon the whole tenement has been
considered and a proper plan agreed upon by the Local Authority. This to apply to existing tenements
that have been subdivided. Any appeal by an owner to lie to the Local Government Board.
(Paragraph 538.)
CHAPTER IX.
SANITAEY APPLIANCES AND CONVENIENCES IN "THE BURGHS.
540. In Chapter VII., regarding structure of Houses, there are incidental references to the number
and position of the sanitary appliances ; but looking to the vital importance of sanitation, we devote
this separate chapter to a survey of the present sanitary conditions in Burghs. Information in regard
to sanitary conditions in landward areas will be found in Chapters on " Housing of Miners," of " Agri-
cultural Workers," " Crofters," and " Seasonal Workers." Our burghal survey is divided as follows :—
(A) Certain Extreme Instances of the Lack of Conveniences or their bad Condition.
(B) Particulars of Improvements recently Effected in certain of the Burghs.
(C) A Summary of the Position reached in Representative Burghs.
(A) Certain Extreme Instances or the Lack of Conveniences or their Bad Condition.
54L We first quote extracts from the Reports of Local Government Board Inspectors regarding
(1) a burgh in the West of Scotland, (2) one in the extreme North, and (3) an eastern Burgh.
(1) Hamilton.
(a) ■ — ■ — — Lane.- — Here the buildings generally, including an old and disused brewery, are
somewhat crowded. Repairs, I was informed, are here secured with great difficulty. In the yard
were a dirty grating and two large, full, open ashbins. At my second visit, small children were
rummaging for pieces of coloured paper among the filthy contents of these bins !
(b) — - — ■ — Lane ■ — ■ — ■ — Street. — Backyard very dirty, and concrete pavement is broken.
Passages very dark. At my earlier visit a water-closet in the yard was choked and in a revolting
condition. (Dr. Dewar, Appendix CLXXV.)
(2) Lerwick (older houses in Burgh).
In very few of these houses is the water inside the dwellings. The usual stand pipe on the
street is the only source of water-supply, in many cases, for a number of houses. At present, in
1913, the Sanitary Inspector states that there are still 35 tenement houses comprising 74 separate
families without water-closet accommodation. In about two-thirds of the nimiber the houses are
either old and in an uninhabitable condition, or no suitable places can be found for the erection of
these conveniences. In the other third of the cases suitable places are available, as the houses are
in a fairly good condition, and the introduction of water-closet accommodation is much required.
(Dr Dittmar and Mr Wilson, Appendix CLXXVI.)
(3) Dunfermline.
• — ■ — — Row.—The water-closet for these houses has been choked for a while. The tenants have
sent complaints about it frequently, but hitherto nothing has been done to remedy it. All the
tenants have keys to this water-closet, but the lock is broken. (Dr Dewar, Appendix HI.)
542. The difficulty in finding suitable sites for new conveniences when these are added to old pro-
perties is not confined to a single burgh. Both the Medical Inspectors of the Local Government Board
referred to this. Dr Dewar said that in the congested fisher towns of the Forfarshire and Fif eshire coasts
the defect cannot possibly be supplied ; neither within nor without the house is the necessary space
available. (Dewar, 764 (49).) Dr Dittmar stated that in the city of Perth the Medical Officer of
Health informed him on the occasion of a visit of inspection paid in March 1909, that there was a number
of old houses in the city in which there was no water-closet or other conveniences, such as sink or
washing-house, and no room to put them in, as the building covered the whole extent of the feu. From
these houses domestic refuse, including excreta, was removed twice daily on week days and once on
Sundays. In other old towns in Scotland a similar -state of matters still exists to a slight and diminishing
degree. Old properties standing on the full extent of their feu present great difficulties to the sanitarian,
but, short of closure as nuisances, or demolition owing to their being a danger to the neighbourhood,
it is difficult to have the necessary work in connection with them carried out. If a dwelling-house without
a sufficient sanitary convenience could, ipso facto, be declared iminhabitable, and if after a certain date
it became illegal to let such houses, it would be possible to deal with them effectively. (Dittmar, 340
(26-8) ; Rev. J. D. Robertson, 2031.)
543. From further evidence regarding conditions in Perth, including the statement of the School
Medical Officer, we find that water-closets are entirely wanting in many cases ; in fact, there is no water
in many of the houses at all, and it has to be brought from a common well, which is frequently situated
at some considerable distance from the house. The houses are so closely built together that fresh air and
REPORT. 73
sunshine cannot enter. The narrow closes and entries are in many cases littered with human excreta
and other filth. The inconvenience and the disgusting conditions caused by the lack of lavatory
accommodation- — especially in times of illness— are better imagined than described. (C. C. Stuart, 36,460
(5 and 6). Cf. the evidence submitted by the Trades' Council, Rae, 36,648 (12).)
544. The Rev. Millar Patrick, referring to the investigation (in Perth) of the United Free Church
Presbytery at the end of 1911, said that one of the things that astounded them most in their investigation
was the discovery that whole streets of houses in the city were without the most elementary of sanitary
conveniences. Meal Vennel is a case in point. The description given them by the janitor of the Central
District School, which is situated in the Vennel, of the condition of filth in which, as a consequence, he
foimd the playground and out-house of the school from time to time, and especially at the week-ends,
was revolting in the extreme. In other cases, said Mr Patrick, the provision "of water-closets is quite
inadequate, with the result that at the meal hours those who want to make use of them cannot all get
the chance. The consequence in single-roomed or two-roomed houses where several people reside must
be deplorable from every point of view. Insanitariness is bad enough, but the injury done to the sense
of delicacy, and even to decency, is bound, in many cases, to be grave. It is not houses only of the
poorer order that are in this case ; there are some rented at from £7 to £12 of which this is true. He
added that to some extent this condition of things has been lessened since the investigation was made,
as the publication of the Presbytery's exposure of it led to greatly increased activity on the part of the
sanitary officials and the Committee of the Council behind them, and the evil had, to a considerable
extent, been lessened ; but at the time when he gave evidence he held that much still needed to be done.
In one tenement where there were twenty-two tenants, there was not a single sanitary convenience.
(Patrick, 40,287 f., 40,308.)
These opinions were strongly endorsed by the Inspector of the Society for the Prevention of Cruelty
to Children, who spoke of the degrading character of the " rush on these places during meal hours," and
of the difficulty of entering some of the houses where suitable conveniences were lacking owing to " the
' poisonous atmosphere and offensive smells, especially during the forenoon." (G. A. Mackenzie,
36,686 (10-12).)
545. Regarding the effort made by officials of the Local Authority to remedy matters, the Medical
Officer of Health for Perth stated, in June 1914 : —
The number of water-closets which we recommended in connection with these houses was 156,
and the number which have been introduced on the strength of that recommendation up to the
present day is 99, and the others are being gone on with. The number of water supplies recommended
to be introduced has been 194, and the number introduced has been 81, while the others are being
proceeded with.
He further stated that the water-tap was being placed in the kitchen in the great majority of cases, and
that the standard aimed at as regards water-closets was one to four tenants. (Parker Stewart, 36,521,
36,522, 36,570.)
546. The question was raised by the representatives both of the Perth Trades' Council and of the
United Free Church Presbytery whether, in certain instances, the Local Authorities, by insisting on the
provision of these conveniences, were not adding to the life of property which ought soon to be condemned
outright. A member of the Trades' Council said, " The property is not worth it." (J. Robertson, 36,658 ;
Patrick, 40,290 f ., 40,330 f.), and the same witness said that landlords were adding sums of from lOs.
to 30s. to the rents on accoimt of the conveniences supplied. (Rae, 36,657 ; Patrick, 40,306.)
547. Further statements regarding the impossibility of finding suitable positions in or adjoining
older houses were as follows : — Speaking of the congested properties in Dumfries, the Sanitary Inspector
said that no consideration whatever appears to have been given originally to the provision of sanitary
conveniences, one common convenience at the foot of the close having been considered adequate for the
needs of a very large number of houses, that this arrangement has operated against the introduction of
modem conveniences, and while, during the past twenty years, water-closets and slop-sinks with water
have been introduced into practically every house or tenement, the situation of many of these fittings
cannot be described as ideal. (Barker, 13,560 (1).) The witness added, that owing to the construction
of the houses situated in these narrow closes a difficulty had arisen in many cases from want of proper
lighting and ventilation. Where they could not get a window they had to accept a skylight, and the
result was not satisfactory. (Ibid., 13,562.)
548. The Medical Officer of Health for Kirkwall, referring to the same point, said that in most of
the older properties there was no possibility of attaching conveniences to the property, but room might
be found outside. Where, however, wages stand at not more than 15s. per week there is an obvious
difficulty in asking for the increase of rent required to meet the cost of such improvements. (Bell, 11,696 f .,
11,732.)
549. In Stomoway, wlych has 169 one-room, 232 two-room, and 126 three-room dwellings, the
following was stated to be the position by the Sanitary Inspector at the time of our visit : — Only five of
the one-room houSes had sinks, 46 of the two-room, and 64 of the three-room houses. Only 58 houses had
separate closet accommodation, many of them having no sanitary appliances of any description. An
active effort was being made by the Town Council to introduce sinks where possible in the house, and
elsewhere on the landings to serve two houses. In the same way the provision of water-closets was being
pushed forward at the rate of one to four tenants, and, wherever possible, an attempt was being made
to exceed this proportion. (A. Macdonald, 10,914-41 ; Provost Mackenzie, 11,427 f., 11,500.)
550. Although Portree is not a burgh, we may add here the statement of the Medical Officer. He
stated that more modem conveniences, such as water-closets, etc., should be supplied in Portree. Many
properties are without such conveniences, and even where those are met with, they are often dangerous
nuisances on account of position in house or on landings and on lobbies, and on account of condition
and structure. The Local Authority had recently laid a new public sewer, and steps were being taken
to get owners of properties to connect therewith. (Fletcher, 8236 (52).)
551. Evidence regarding the conditions in Wick was given by the Inspector of the Society for
74 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
the Prevention of Cruelty to Children, who described the extreme congestion and overcrowding at the
height of the fishing season, and mentioned that there was no proper sanitary arrangement in any of
those houses- — no water or water-closet, and in many cases no outside convenience of any description.
The witness added, " They are improving in Wick in that respect, during these last two years especially.
' They have been putting water-closets into the houses, but still the improvement is very slow." (Alex.
Macdonald, 16,429-32.)
552. It will be readily understood that the conditions we have described are not confined to the
burghs directly referred to. They are only examples of conditions which have recently been— and, with
some modification, still are — very widespread in the towns of Scotland. In the small town of Inner-
leithen, in the Coimty of Peebles, in one block of houses, occupied by 89 people, there were in 1913 only
four water-closets- — 40 yards away — which are used at all hours promiscuously by the male and female
occupants or they are not used at all, in which case the state of things in the house was still worse. The
witness, a member of the Town Council, who mentioned these facts, added that this block, and another
with seven water-closets — 60 yards away- — were in many instances occupied by respectable families,
who were able and willing to pay a higher rent for better accommodation, but such accommodation is
not available. He further stated that action by the Local Authority had been impeded by a case in
which their order to introduce water and water-closets into a property under the Burgh Police Act,
1892, section 246, had been appealed against, and the proceedings had cost the Town Council £19, Is. lOd.,
or Jd. on the burgh general rate. He therefore suggested that there should be no appeal to the sheriff
imder this section in cases where an adequate water-supply is available. (C. M. Robertson, 19,815 (3, 15).)
553. To come to the large centres of population, the following statement was given by the Greenock
Housing Council :- —
Insufficient Sanitary Accommodation.
Our visitors reported cases of insufficient sanitary accommodation from nearly all the parts
of the districts visited. In one case walls were very badly cracked, and the roof fell three times
in six months, due to overflow from water-closet, which overflow or leakage accumulates in the
ceiling immediately above the bed-recess in the house below. This condition exists in a slightly
different form in other houses in the same property. There is a water-closet for each flat ; the
number of persons who make use of same ranges from 22 to 43. The doors have no locks or
catches, and many tenants complained that they were unable, for this reason, to keep the water-
closet clean.
Roimd this locality there are quite a number of tenements where the water-closet is built
immediately over the living-rooms of the houses below. This question of the position of the water-
closet is of great importance.
From the west central portion of the town one of our visitors reported a case of 54 persons
using one water-closet, another water-closet, which ought to have been available, being out of
order for a considerable period. Our visitors reported many water-closets in a dirty condition
or choked, " never properly flushed," many damp and littered with wet, filthy paper. The men
in certain houses said they would not use the water-closet, but went elsewhere to public conveniences.
Cases are also known to us where water-closets in certain properties are used " as a public con-
' venience " for passers-by. (Campbell and Smith, 33,007 (11, 13).)
554. The Medical Officer for Greenock in a Report to the Local Government Board in June 1910
stated that many of the dwellings have been kept habitable only by an active sanitary supervision, but
that in recent years the condition of these old properties has been improved in several respects, e.g.
the back courts and passages have all been paved and drained, and water was being introduced into
each house, thus doing away with the objectionable common jawbox. The witness further stated that
during the previous year water was taken into seventy houses ; water-closets are provided in every
property in the burgh, with one exception, and this one was being dealt with ; that water-closet shafts
had been built in many properties to supply accommodation for each flat, while in others closets had
been erected in the courts. (Cook, 33,203 (5).)
555. We have already. referred to the difficulty of securing adequate facilities for washing, and of
obtaining or providing sanitary appliances in the older types of tenement property in the large cities.
Attempts have been made to meet the difficulty in three ways, according to the nature of the property
and the extent of free space at the rear : — (a) Where sufficient ground is available and the number of
floors in the tenement is moderate, a wash-house and water-closets (and in some cases coal-cellars) are
provided in the court or open space at the back of the building. This plan has the disadvantage that
it places a hindrance in the way of the use of the water-closets by children and old people, and by
women also if the position is too public, and it makes adequate supervision more difficult. (The last
point was emphasised by Professor Matthew Hay, Aberdeen, 41,334 (120).) (6) In the case of balcony
tenements, or tenements in which the common stair is in contact with the back wall of the building, con-
veniences are often provided, one or more to each flat, in a brick " stack." These appendages do not
improve the appearance of an already sufficiently depressing type of building, and they are apt to
darken the immediately adjoining windows ; but in many cases they represent the best available method
of meeting the need, (c) Where neither of thescmethods is practicable, water-closets have to be intro-
duced at some point on the common stair or lobby. In this case there is the danger, unless special
care is taken, that they may ventilate through the building as a whole, as was pointed out by a witness
dealing with the Cowcaddens district of Glasgow. (Coultate, 23,822 f.) The representatives of Edin-
burgh Trades' Council described how, when an old house is subdivided, the hall becomes a common lobby,
and " a part of that is perhaps apportioned off and made into a water-closet." This is then used by the
tenants, or half the tenants, on the flat, and in some cases they have to use a common tap and sink as
well. (T. Wilson, 17,980 f.) Thus, while this method avoids the objections urged against (a) on the
score of publicity and discomfort in bad weather, it has serious drawbacks of its own.
556. On the score of ventilation, a good deal may be said for the plan of having the sanitary
appliances outside the four walls of the actual house. The Professor of Public Health in the Univer-
REPORT. 75
sity of Glasgow pointed out the great difficulty of providing a water-closet for every tenant in
old tenement property owing to defects of structure and lack of space. (Glaister, 23,525 ; e/. Agnew,
34,067.)
557. These difficulties are not mentioned as an argument for letting things rest as they are. Far
from it. They rather enforce the need for careful consideration and planning in the sanitary improve-
ment of old city property. They are an argument for the " tenement planning " elsewhere advocated
by Mr Horsburgh Campbell (Chapter VIII., Paragraph 538.) On this point Mr Campbell stated his
opinion that while old tenepients cannot be adapted to provide a water-closet for each tenant, the
standard of one to two tenants might reasonably be aimed at. (18,856.)
558. Before we proceed to detail improvements effected it is necessary to say something of that
form of sanitary, or rather insanitary, convenience which was till comparatively lately the prevailing
one in many Scots towns— the privy-midden. We refer specially to it in the description of mining
commimities, where it has persisted longer than elsewhere, so it is not necessary to repeat a
description here of this truly abominable arrangement, in which a closet, adapted for use by one or
several individuals is adjacent to, and functions as part of, the general ash- and refuse-pit. Sometimes
they are covered by one roof ; sometimes the ashpit portion is open to the sky ; but in both cases all
kinds of refuse and filth, organic and inorganic, are collected in the same general receptacle, with results
which cannot be described in decent language. Even in comparatively cool weather we found that it
was a severe trial to approach close to these contrivances, and the offence to the sense of sight was not
less gross than to the sense of smell.
559. So far as the burghs are concerned, these privy-middens happily form a disappearing survival
only ; but where they do occur, they are not less objectionable in themselves than those found in land-
ward areas. In one large burgh in the West of Scotland (viz. Coatbridge) they were found in a group
of old miners' cottages. In two or three instances they were above the general level of the street, and
consequently after heavy rain the filth-laden surface drainage from them found its way along the open
gutter in front of the rows.
560. We now refer to the investigations of Dr Dittmar into the effect on public health, and particu-
larly on the incidence of enteric fever, of the " conservancy system " of dealing with human excreta
as compared with the " water-carriage system." The former includes both privy-middens and pail-
closets, but the latter — i.e. the pail-closets — are found chiefly in the rural districts, while the earth-closet,
properly constructed and used, appears to be unknown in Scotland. An elaborate study of the incidence
of enteric fever in the burghs of over 20,000 population yielded the conclusion that the effect of the
conservancy system was directly to " favour the spread of enteric fever," owing largely to " the oppor-
' tunity for repeated reinfection of the soil in the neighbourhood of dwelling-houses, and the opportunity
thus given for infection of food by ffies and other natural agencies." (Dittmar, 340 (10); 347 ff.)
Tables showing clearly the connection of the privy-midden with enteric fever in the burghs of
Airdrie and Coatbridge over a period of nearly twenty years are found in Appendices CLXX. and
CLXXI. In 1910 Dr Dittmar reported on the facts in Airdrie, that in the sixteen years, 1894 to 1909
inclusive, 420 cases of enteric fever were notified in Airdrie, and 367 of these, or 87-5 per cent., arose in
houses served with privies. The smallaess in the nimiber of cases from water-closet houses is very strik-
ing, though in the earlier years the proportion of the population served with privies or other conservancy
methods for the disposal of excreta was probably more than half of the population, which is about the
proportion so served at this date. (Appendix CLXX. Cf. Paragraph 566.)
561. It is thus clear that the case from the point of view of decency and amenity for the abolition
of the privy-midden in all large centres of population is reinforced by strong and definite considerations
from the point of view of public health.
{B) Improvements recently Effected.
562. At one or two points in the evidence regarding the urgent need for sanitary improvement in
the burghs, which we have just discussed, statements have emerged regarding the action recently taken
in this direction by Local Authorities. Such action has been very general, and in almost every burgh
visited we found evidence of an endeavour on the part of the officials to secure an advance in this respect.
Probably in no other branch of the housing problem does so much real progress fall to be recorded,
although it is abundantly clear that in many places the action has been too long delayed, seeing that
powers to require the introduction of water-closets, etc., were given by the Burgh Police Act of 1892.
There have indeed been two causes which doubtless have delayed action in many instances — the lack
of an adequate water-supply, and difficulties as to drainage and the disposal of sewage.
563. We now give instances of the action taken when there were no such difficulties, or when these
preliminary difficulties had been overcome. The Sanitary Inspector for Arbroath stated that when he
took up his duties in Arbroath he found that in few cases were there water-closets in tenement property.
The town was what might be termed a " dry-closet " town. The cause was not far to seek^ — ^an inade-
quate water-supply. Very great nuisance existed in many cases, but he could only ask for the removal
of the very worst until a proper water-supply was introduced. In 1903 the Town Council received
Parliamentary powers to proceed with a new water-supply, and the same was completed in 1907. In
1905 the Sanitary Inspector felt justified in starting a crusade against the " dry-closet," and from
1905 to 1912 (both years inclusive) 1207 dry-closets were replaced by water-closets. He stated (in Jime
1914) that the worst of the dry-closets had been removed, although a number still remained to be dealt
with. That the public had appreciated the change might be gathered from the fact that tenants would
now hardly take a house without what they term a " flush-closet," and fimally he stated that ashpits
were gradually disappearing. They had disappeared in the same ratio as the " dry-closets," and were
being replaced by iron dustbins. (Chalmers Smith, 34,800 (4 f., 13).)
564. In Galashiels up to about 1910 " the pail-system was in use, but was found to be so insanitary
' and objectionable otherwise, that the Local Authority promoted a Provisional Order and promoted
' a drainage and sewage-disposal scheme." The cost was £60,000, and the Sanitary Inspector estimated
that probably another £30,000 or £40,000 would be spent by proprietors in introducing water-closets
76 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
and drainage — a large total outlay for a burgh of under 15,000 inhabitants. All proprietors were supply-
ing sinks for each house, and water-closets at the rate of one for every two (or, in exceptional cases,
every three) tenants. The Sanitary Inspector stated in cross-examination that some difficulty was
experienced in the case of the poorer house-owners, who had found it hard to raise the ready money
needed for the improvement (i.e. £40 to £50 for a block of four houses). A case was quoted by a factor
in the burgh in which an attempt had been made to sell a property where the bondholders were unable
to finance the operation, but no offer was made. Still, in practically every case, the money was being
found somehow. (Wm. Thomson, 16,783 (11); also 16,789 fE., 16,853 fE, ; Thorn, 16,694.) Another
witness complained that the water-closets were inconveniently far from the houses, as there was no
room for them within the latter, and so they were often placed on the site of the former dry-closet at the
far end of the garden. He held that in some instances a position nearer the hotise could have been
found. He also mentioned that a sum of 10s. or 158. has been added to the rent after the introduction
of new conveniences. (J. Rutherford, 16,610 f .)
565. We found evidence of a similar movement in various other parts of Scotland. Reference has
been made to the difficulty of introducing sufficient sanitary appliances in the older fishing towns and
villages ; but the Town Clerk of a group of small burghs in Fife (speaking for Anstruther Easter and
Wester, Kilrenny, Crail, and Pittenweem) said that, owing to the action of the Coimcils, there were now
exceedingly few houses in these five burghs without water in the house and a separate water-closet.
(C. H. Maxwell, 18,671 (13) and 18,707.) In the West of Scotland the privy-midden has been gradually
banished from the cities. The Sanitary Inspector of Paisley said, that during the last twenty-five years
an active and progressive policy has been pursued by the Corporation. . . . The result is that the town
has transformed the privy-midden system of conveniences into the water-carriage or water-closet system.
A general principle or standard was followed of one water-closet for each fiat, or one for every three
houses. At the same time, nearly the whole of the private drains were renewed, water introduced into
the houses, windows improved for purposes of ventilation, boxed-in and press-beds opened up, and
back courts and areas paved. (Kelso, 37,911 (5).)
566. The burghs of Airdrie and Coatbridge, in view of the relation of the privy-middens to enteric
fever, referred to above, have been urged by the Local Government Board to proceed steadily with the
instalment of water-closets in their place. In Coatbridge, between the year 1910 and February 1915,
the niunber of privies was reduced from 735 to 232 and 135 " emergency privies," and the number of
water-closets increased from 3183 to 3808. In the same period the ashpits were reduced by 193 and
ashbins increased by 547. In Airdrie the proportion of privy-middens remaining appears to have been
larger, but their replacement has proceeded at an accelerating speed. In four years, from 1906 to 1909,
only 151 water-closets were erected in place of privies ; but from 1911 to 1913, 320 were introduced into
153 properties. (Appendices CLXX. and CLXXI. Cf. Agnew, 33,984 (33).)
567. Along with facts previously given from Greenock, Perth, Stomoway, etc., these citations show
that there has been considerable activity in this respect, and, if the War had not supervened, it is prob-
able that the heavy expenditure by various towns on new water and drainage schemes within recent
years would have opened the way to further advance. The evidence of the officials of the Mid-Lanark
District Committee on this point is important, as they administer a great area, largely urban in character.
An account was given of the energetic policy now being carried out for the abolition of privy-middens.
When asked why this had not been seriously attempted till within the last few years, Dr Wilson replied
(1) that water and drainage systems had first to be perfected, and (2) that the influence of Glasgow,
where the privy-midden persisted much longer than in the East of Scotland cities, had a retarding effect.
(36,884-9.)
(C) Summary of the Position relative to Sanitary Appliances and Conveniences
REACHED in REPRESENTATIVE BuRGHS.
568. We now proceed to summarise the position reached in respect to sanitary and other conveniences
in representative Scottish burghs, beginning with the four large cities.
569. In Aberdeen there are no dry- or earth-closets, except in the case of isolated houses in the agri-
cultural belt surrounding the city itself. In the city, water-closets are provided in the proportion of one
to not more than three tenants, even in the older property. Aberdeen was a pioneer in the abolition
of ashpits and the institution of daily refuse removal, which began about 1880. Sculleries are not
common in the older properties, but are supplied in the newer working-class dwellings, in some cases
fitted with a gas-cooker. Washhouses are provided in the ratio of one to not more than six or eight
tenants, and in the newer properties one to three or four tenants. In 1914 about 460 of the older tene-
ments still had common sinks on the stairs. (Matthew Hay, 41,334 (120 ff.).)
570. In Dundee it is said that less than thirty years ago there were closes in the Overgate with no
sanitary accommodation of any kind, and even down to 1901 " Dundee was largely a privy-midden
' town." In 1904, out of 5888 houses visited by investigators of the Dimdee Social Union, 174 occupied
houses were found with no sanitary accommodation and no ashpit, and 295 with no sanitary accommo-
dation. (Report on Housing and Industrial Conditions in Dundee, page 22a.) Since then much
has been done, chiefly by way of erecting " stacljB " of water-closets, to which the Dundee tenement
naturally adapts itself. The Medical Officer for the city described the progress made, and explained
that the standard aimed at was one water-closet to not more than four tenants. " Ashpits are being
' gradually abolished, and covered ashbins substituted." (Templeman, 35,836 (28-31).) We saw, how-
ever, a good many ashpits during our visit to Dundee, some of them not of the best type. Water is now
supplied to the great majority of individual tenants, though there are still a few common taps ; and
while there are good public washhouses, some tenants, living in properties without washhouses of their
own, prefer to wash in their rooms. (W. D. Williamson, 36,093 (8-10).)
571. Edinburgh.— Tables, were submitted in 1913 by the late Sanitary Inspector showing the
number of houses with one to four rooms in every ward in the city, and the number possessing separate
or common sinks, water-closets, and sculleries. These figures summarised are as follows : —
REPORT. 77
Of One-room Houses. — 7106 in Number.
445 or 6-26 per cent, have separate wat^r-closet ;
6661 „ 93-74 „ share a common water-closet.
4060 „ 57 „ have a separate sink ;
3046 „ 43 „ share^a common sink.
OJ Two-room Z^ouses.— 23,466 in Number.
15,199 or 64-3 per cent, have a separate water-closet ;
8,267 „ 35-9 „ share a common water-closet.
22,010 „ 93-80 „ have a separate sink ;
1,456 „ 6-20 „ share a common sink.
Of Three-room HoMses.— 15,871 in Number.
14,507 or 92-26 per cent, have a separate water-closet ;
1,364 „ 7-72 „ share a common water-closet.
While all but 151 (less than 1 per cent.) have a separate sink.
Of Four-room Zfowses.— 10,242 in Number.
All but 202 (less than 2 per cent.) have a separate water-closet, and all but 18 a separate sink.
As regards the provision of sculleries, the figures are as follows : —
Of the one-room houses, 63 have sculleries ( 0-2 per cent.).
„ two- „ „ 1003 „ „ ( 4-2 „ ).
three- „
>>
2975 „
J»
(18-7
J>
)
four- „
>)
2362 „
>J
(23-0
3i
)
It will be noted that, at the time at which these figures were compiled, less than one-fourth even
of the four-room houses were provided with sculleries ; in all the other cases the sink is in the kitchen
or Uving-room, or, in the case of sinks used in common, on the stair or landing. (Appendix XX.)
Ashpits have been abolished, and there has for long been a daily collection of refuse in Edinburgh.
All the newer tenements are provided with bleaching greens, and the congested portions of the city are
well provided with public washhouses. (D. Rutherford, 5699 (17-19).)
572. (rias^oM;.— Corresponding figures for Glasgow have been supplied at our request by Mr Fyfe,
Chief Sanitary Inspector, as the result of a survey in 1915 : —
Of One-room Houses.- — 41,354 in Number.
. 2,947 or 7-12 per cent, have a separate water-closet ; '
38,407 „ 92-88 „ share a common water-closet.
40,127 ,, 97-0 ,, have a separate sink ;
1,227 „ 2-96 „ share a common sink.
Of Two-room Houses. — 111,451 in Number.
42,513 or 38-15 per cent, have a separate water-closet ;
68,938 „ 61-85 „ share a common water-closet.
110,804 „ 99-4 „ have a separate sink, only 647 sharing.
Of Three-room Houses.- — 44,791 in Number.
39,694 or 88-64 per cent, have a separate water-closet ;
5,097 „ 11-37 „ share a common water-closet.
44,771 „ 99-9 „ have a separate sink, oiJy 20 sharing.
Of Four-room Houses.- — 14,627 in Number.
14,274 or 97-59 per cent, have a separate water-closet ;
353 „ 2-41 „ share a common water-closet.
14,621 „ 99-9 „ have a separate sink, only 6 sharing.
In the case of common water-closets, one is reckoned sufficient for four tenants of one and two-room
houses.
There are 18 public washhouses in Glasgow owned by the Corporation, with 979 washing stalls,
and the attendances at these in the year 1913-14 nvmabered 872,976.
In the city, as it existed before the recent extension, the proportion of ashpits to bins was about 5
per cent., about 3 per cent, of the bins being emptied daily, and the remainder bi-weekly. In the
annexed areas, the proportion of ashpits is about 75 per cent, of the total, and all are emptied bi-weekly
except in Govan, where they are cleared once a week. (Appendix CLXXXVIIL, and Report of Baths
and Washhouses for 1913-14.)
573. Information from several other burghs of a representative character, as regards population,
geographical position, and industrial character, may be given for greater convenience in tabular form ;
but the information for Clydebank, as the best example of an almost entirely modem and tenement
town, may be given first in full.
There is a total of 8748 separate houses in the burgh, the various sizes of which, along with the
78
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
average water-closet accommodation provided for the various houses, is given in the following table,
viz. :■ — .
Number and
Percentage of
Houses of
various Sizes.
Percentage of Houses provided with Water-closet
Accommodation in the proportion of—
Apartments.
One for
each
Family.
One for
Two
Families.
One for
Three
Families.
One for
Four
Families.
1
2
3
4
1455 (16-63)
5475 (62-59)
1279 (14-62)
197 (2-25)
41
56
83
97
4
6
3
42
31
9
13
7
1
5 and over
8406 (96-09)
342 (3-91)
58
99|
29J
7
8748 (100)
60
5
28
7
The whole of the houses are provided with water. Dustbins are provided for almost the whole of
the houses.
574. The whole of the tenement property in Clydebank is provided with one washhouse for each
tenement, i.e. in some cases there is one washhouse for six tenants, while in others it may be one to nine
or twelve tenants. A separate scullery (except in a few cases) is not provided for each house. In the
majority of cases there is just a sink in the kitchen. Coal-houses are not now provided for houses in
tenement property, and where they were formerly supplied they are being removed as useless. It is
stated that none of the tenants use them, consequently they soon become a nuisance. The explanation
probably is that the coal-houses were so placed as to be inconvenient for practical use. A considerable
number of two- and three-apartment houses are provided with a bath, while almost all the larger houses
have such accommodation. There are only a few tenements with bleaching greens (about two dozen in
all), and these would soon disappear were it not for the fact that the property is being looked after
personally by the proprietor. There are no public bleaching greens. (G. Ross, 33,719 (33, 34, 45, 51).).
575. The following table gives information as to sanitary appliances and conveniences in certain
representative burghs :-:-
Burgh
Population and
Reference to
Water-closet.
Water.
Scullery..
Washhouse.
Evidence.
Paisley — Pop.,
In one and two-.
Generally in kit-
In three-room and
Common wash-
84,477. (Kelso,
room houses ;
chens of one-
larger houses.
house in tene-
37,911 (5-25).)
one to two or
three ; three
rooms or over,
separate.
and two-room
houses.
ments.
Leith— Pop., 80,488.
One to one, two.
Sink in kitchen,
Very few in tene-
None.
(Bishop, 5996 (17-
three, or four
rarely on land-
ments.
19).)
houses.
ing.
Motherwell — Pop.,
Shared by two.
All but three pro-
In majority of
Usually shared by
40,378. (R. P.
three, or four
perties.
cases.
several tenants.
Jack, 34,183 (26-
tenants (in two
30) and Appendix
cases, six). A
CXIIL).
few separate.
Kirkcaldy — Pop.,
Two - apartment
Sink in kitchen.
Ordinary type of
Two - apartment.
39,601. (Braid,
houses, one to
two - apartment.
one to four.
3564 (25-27).)
four. ♦
None.
Better type,
-'. .
Better type of two-
Better type, one
separate.
apartment. Yes.
to four.
Three -apartment,
• •
Three - apartment.
Three apartment.
separate.
Yes.
boiler in scullery.
Inverness — Pop.,
One to two or
Old one - room
Very few in small
22,216. (Knowles,
three houses in
houses, outside
houses.
14,458 (18-20).)
old property ;
majority have
separate water-
closets.
tap for three or
four. Newer
houses have
sinks.
REPORT.
79
Burgh
Population and
Reference to
Water-closet.
Water.
Scullery.
Washhouse.
Evidence.
Arbroath — Pop.,
One to two, three,
In 20 per cent.
Forty per cent.
Usually two for six
20,648. (Chal-
four, or five
one-room houses
three - room
tenants.
mers Smith,34,800
tenants in tene-
and 50 per cent.
houses.
(13).)
ments.
two- and three-
room.
Port - Glasgow ■ —
Five per cent, two-
In all, with the ex-
,,
Ninety-eight per
Pop. 17,749.
room, 50 per
ception of about
cent., frequently
(HaUiday, 33,500
cent. three-
twenty houses.
not used.
(10-13).)
room, separate.
Galashiels — Pop.,
One to one or two
It was reported
Not common.
Usually one to four
14,531. (Thom-
(in a few cases
sinks are being
tenants, with
son, 16,783 (11,
three) tenants.
introduced in all
bleaching green.
17, 18).)
Daily refuse
removal.
houses.
One-room Houses.
Bo'ness — Pop.,
One to two or
50 per cent.
None.
-
10,866. (Louden,
three outside.
34,388 (16-21).)
Two-room Houses.
About 50 separate.
85 per cent.
-\
Usually one to
remainder com-
four or five.
mon.
1 A few in recently
( erected houses.
Three-room Houses.
,
About 1 00 separate,
97 per cent.
others common.
-
Selkirk— Pop., 5886.
Separate water-
Laid on in 97 per
Separate in about
With, 839; with-
(Pritty, 17,106.)
closets, 416.
cent, of houses,
68 per cent, of
out, 336.
Joint water-
outside in 3 per
houses.
closets, 690.
cent.
Separate dry-
closets, 50.
Joint dry-
closets, 19.
Castle - Douglas- —
Introduced for all
Sinks in very few
a •
.,
Pop., 3016. (Win-
houses (single or
working - class
trup, 13,168 (3-8).)
joint).
houses.
Innerleithen — Pop.,
No separate in one-
65 per cent, two-
15 per cent, two-
Not in two-room ;
2547. (Bryant,
room houses.
room ; 90 per
room ; 90 per
15 per cent, in
19,866 (10 fE.); c/.
Separate water-
cent. three-
cent. three-
three-room.
C. M. Robertson,
closet in 20 per
room.
room.
19,815 (15).)
cent, of two-
room houses,
and 75 per cent,
of three-room
houses.
Kirkcudbright —
Same as Castle-Douglas (above).
Pop., 2191.
Lochmaben— Pop.,
In most houses.
Almost all.
, ,
Hardly any.
1086. (HaUiday,
A few have pail-
13,092 (11 f., and
closets.
13, 113 f.).)
576. We have now given a fair summary of the position reached in the years 1913-14 in the more
progressive Scots burghs. It will be seen by comparing the figures given in this chapter with the
statistics given elsewhere of the number of rooms in Scots houses, that the progress made in raising
the sanitary standard is more notable than the advance in the number of rooms per house or the
diminution in the number of occupants per room. As regards other annexes to the dwelling-house,
baths have been introduced into some of the higher rented working-class dwellings in several towns.
Coal-cellars are not usual in tenement property, though in the case of comparatively small tenements
(e.g. in Kirkcaldy ; see Braid, 3564 (25-27)) they are provided in some cases. Elsewhere there is usually
a small coal-store in the house i.tself .
{Note. — Certain recommendations regarding the provision of sanitary conveniences applying in
part to the burghs will be found in a subsequent chapter.)
80 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
CHAPTER X.
OCCUPANCY OF HOUSES.
577. To comprehend clearly the subject of occupancy we must concern ourselves with two sets of
persons and one subject. The persons are the owner of the house and the occupants. The subject
is the thing occupied, viz. the house. In regard to the persons, we shall require to discuss very briefly
the nature of their respective duties and obligations : and in regard to the house, we shall require to con-
sider what conditions are set forth in the statutes as being requisite in or connected with a house which
is to be occupied by a tenant.
578. The first observation is that there is in the statutes no definition of a house. So far as defini-
tion is concerned, a person is entitled to let for use as a dweUing, to any other person or to use himself
as a dwelling, any building or erection however deficient in everything that makes for comfort, for con-
venience, or even in bare necessities. And it is true that such is the poverty — comparative and absolute
• — of a large proportion of the population, that habitations of the kind referred to can be readily let.
On the other hand, the Legislature has, in various Acts of Parliament, made provision, in some cases
positively and in other cases negatively, for a standard or condition of house accommodation which
shall be reasonably fit and shall not be a niiisance or injurious or dangerous to health. But it must be
clearly kept in view that in Scotland the statutory provisions for fitness or " reasonable fitness " of a
house apply only to houses not exceeding £16 rental. Accordingly it must be just as clearly kept in
view that, for all houses let as dwellings with rentals over £16, there is no statutory implied condition
on the part of the landlord that the houses are reasonably fit for occupancy.
579. There are also to be foimd in the Burgh Police Acts and the Public Health Acts provisions
enabling Local Authorities to require certain appurtenances or equipment of a house which make for
the convenience and comfort of the inmate. At this stage it is not necessary to give the details of the
Local Authorities' powers in this regard ; but the provision of water is a good illustration of what we
mean. Both in town and rural districts the Local Authorities have power to insist on the provision
of water for the use of the occupants of a house. In regard to water as in regard to many other
things, the powers in burghs are more extensive than in rural districts, but these powers have all been
discussed in a previous chapter (Chapter V.). Our point at present is that apart from certain provisions
(a) in regard to the fitness of a house (limited to houses of rental not exceeding £16, as already explained),
and in regard to houses not being nuisances or injurious or dangerous to health, and (6) powers granted
to Local Authorities to insist on certain house equipment and conveniences, the Legislature has not
hitherto faced the question of whether it is not advisable in the interests of the working classes to insist
on a specific definition of a house, which definition would explicitly set forth minimum requirements
of comfort and convenience below which no house should be allowed to be let for the purposes of human
occupation. That really brings us to the proposition which we shall discuss in oxir policy and recom-
mendations ot a minimum standard of habitability.
580. We think it now desirable to show very briefly what are the statutory requirements in regard
to a house, and we can do this by showing what the landlord's and tenant's respective duties and
obligations are.
Landlord's Obligations.
House to be reasonably Fit for Occupation.
581. In regard to houses of a rental not exceeding £16, the owner must, subject to the modification
after mentioned, provide and maintain the house in all respects in a state reasonably fit for human habita-
tion. (Sections 14 and 15 of the Housing, Town Planning, etc.. Act, 1909.) We have to modify the
statement just made to this effect, that section 14 of the 1909 Act contains a proviso that when a house
(of the rental stated) is let for a term of not less than three years upon the terms (a) that the lessee must
put it into a condition reasonably fit for occupation, and (6) that the lease can not be brought to an end
at the option of either party before the expiration of three years, the implied statutory condition that
the landlord must provide and maintain the house during the holding in a reasonably fit condition is
not to apply. (Section 14, ibid.)
House or Appurtenances not to be Dangerous or Injurious to Health.
582. The Public Health (Scotland) Act, 1897, under Part II., section 16, defines certain physical
conditions if found in or about a house as a nuisance, and therefore under sections 20 to 24 of said Act,
so far as the landlord is responsible as after-mentioned, rendering him liable to certain civil procedure
before a magistrate, sheriff, or justice of the peace. The other parties who are or may be responsible
are the " author of the nuisance or . . . the occupier." (Section 20 (1).) The Local Authority may
also require " such owner, occupier, or person " to do what is necessary for preventing the recurrence
of the nuisance, and may specify any works to be executed for that purpose. (Section 20 (2).) The
Act provides (section 16) that,—
(1) Any premises or part thereof of such a construction or in such a state as to be a nuisance
or injurious or dangerous to health.
(2) Any . . sink, cistern, water-closet, earth-closet, privy, urinal, cesspool, drain, dung-pit or
ashpit so foul or in such a state or so situated as to be a nuisance or injurious Or dangerous to
health . . .
shall be deemed to be nuisances liable to be dealt with summarily in maimer provided by this Act.
REPORT. 81
^ The Act, in the sections above quoted, takes the place of similar but more restricted provisions in the
Pubhc Health Act, 1867, although the earlier Act gave more detail in its dehnition. It will probably
be necessary for us to discuss briefly difficulties of interpretation of the statutes. . These difficulties
turn mainly on what constitutes, or what a judge may tfiink constitutes, injury or danger to health under
the 1897 Act. Before passing from the landlord's obligation under this head, we point out that he is
definitely held responsible where the premises are unoccupied or where — in the case of occupied premises
• — the state of things constituting the nxiisance arises from any want or defect of a structural character.
(Public Health (Scotland) Act, 1897, section 20 (3(a)).)
583. Under the Housing, Town Planning, etc., Act, 1909, section 17, houses that are in a state so
dangerous or injurious to health as to be unfit for human habitation may be the subject of a Closing
Order by the Local Authority. The occupation of a house in such a state may also be prohibited by a
sheriff, magistrate, or justice in proceedings under the Public Health Act at the instance of the Local
Authority. (See section 23 of that Act.) These provisions apply to all houses, and are not limited to
houses of any specified rent, as are sections 14 and 15 of the 1909 Act already quoted.
Certain Types of TJndergromid Dwellings not to be Let as a House.
584. The owner is not entitled to let as a house certain kinds of underground dwellings which have
been discussed by us in Chapters V. and VII. We refer to Chapter VII. and to section 74 of the Public
Health (Scotland) Act, 1897, for a description of such undergroimd dwellings. If the owner contravenes
this section he is liable under the following section, viz. section 75, in a penalty not exceeding 20s. for
every day during continuance of the ofience after conviction.
Provision for Whitewashing, Cleansing, or Purifying Filthy or Unwholesome House,
Bedding, or Clothing.
585. Where it appears to the Local Authority that any house or part thereof or any article of
bedding or clothing therein is in such a filthy or unwholesome condition that the health of any person
is affected orendangered, or that the whitewashing, cleansing, or purifying of the house or of any bedding
or clothing would tend to prevent or check infectious disease, the Local Authority is entitled to give
notice to the owner or occupier to do the necessary whitewashing, cleansing, or purifying, and on failure
to comply the person on whom the notice is served is liable to a penalty not exceeding 10s. for every
day's default. Further, the Local Authority may, at their own hand, do the whitewashing, cleansing,
and purifying. (Public Health (Scotland) Act, 1897, section 40.) It is not clear from this section what
the respective obligations of the owner and occupier are, but the authors of the Handbook of Public Health
(Macdougall and Murray) give it as their opinion that the owner is the party responsible for the white-
washing of the house, and the occupier is the person responsible for the cleansmg and purifying of bedding
and clothing.
586. In Burghs under section 118 of the Burgh Police (Scotland) Act, 1892, the proper officials
of a burgh Local Authority may enter houses which they have reason to believe are not in a cleanly
condition, and they may cleanse and purify the same at the expense of the owner if the houses are
unoccupied, but when occupied, at the expense of the occupier. (This provision may be adopted in
Scavenging Districts by landward Local Authorities.)
Whitewashing Common Stairs, Passages, etc.
587. The owner of common stairs, common passages, and walls and roofs of closes and walls of open
courts must whitewash or (at the option of the owner) paint the same once every year if required to
do so by the Sanitary Inspector, and on failure to do so, the owner is liable to a penalty not exceeding
40s. (Burgh PoUce (Scotland) Act, 1892, section 117 ; Burgh Police (Scotland) Act, 1903, Schedule.)
(This section may be adopted in Scavenging Districts by landward Local Authorities.)
Tenant's Obligations.
Overcrowding.
588. Under sections 20 to 24 of the Public Health (Scotland) Act, 1897, the owner or occupier or
author of a nuisance may be proceeded against for committing a nuisance, defined under section L6
(7) of said Act as follows : — " Any house or part of a house so overcrowded as to be injurious or danger-
' ous to the health of the inmates." This provision as to overcrowding is practically a repetition of the
provision on the same subject in the Public Health (Scotland) Act, 1867. Although " the owner " or
" author of a nuisance " are conjoined with the " occupier," as mentioned above, the occupier is apparently
the person who is in fact and law held responsible for overcrowding. {Hume v. Local Authority
of Kelso, March 17th, 1876, 3 Couper 239.) It will, however, be noted from section 76 of the 1897 Act
that the result of .two convictions for overcrowding within a period of three months may be the closing
of the house — a proceeding which will affect not the occupier only but the owner also.
Provision for Whitewashing, Cleansing, or Purifying Filthy or UnwlwUsome House,
Bedding or Clothing.
589. We refer to Paragraphs 585 and 586 under " Landlord's Obligations," which may be held as
repeated here hrevitatis causa.
590. Burghs. — Section 119 of the Burgh PoHce (Scotland) Act, 1892, provides that where a person
occupying a dwelling house which is in a dirty, unwholesome, or imhealthy condition, having received
a notice from the Sanitary Inspector requiring him to cleanse said hoiLse, fails to comply with this notice,
he shall be liable to a penalty not exceeding 408., and to a further penalty not exceeding 20s. for every
day during which such offence shall continue after conviction. This section (119), unlike section 118,
refers to the occupier only. (This section may be adopted in Scavenging Districts by landward Local
Authorities.)
6
82 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Sweeping and Washing of Common Stairs, Landings, and Passages.
59L The occupiers of every house, flat, or storey having entrance by a common stair are responsible
for sweeping and washing or otherwise keeping clean common stairs and landings, and passages to any
area, back green, etc., and all areas and common passages leading to cellars, all to the satisfaction of the
Sanitary Inspector. This obligation will be found in section 115 of the Burgh Police (Scotland) Act,
1892, which also has elaborate provision for determining the order in which the occupiers of the tene-
ment houses using such common stairs, passages, etc., shall fulfil their obligation. (This section may
be adopted in Scavenging Districts by landward Local Authorities.)
Cleaning and Care of Water-Chsets, etc.
592. Burghs. — The same sort of obligation is imposed by said section 115 of the Burgh Police
(Scotland) Act, 1892, on occupiers of houses using any water-closet or other closet in comtnon. (This
section, as already explained, may be adopted in Scavenging Districts by landward Local Authorities.)
593. We also refer in this connection to sections 30 and 31 of the Public Health (Scotland) Act,
1897. Under section 30, if a person by wilfully destroying or damaging any water-closet or any water-
supply, etc., connected therewith causes such water-closet to be a nuisance or injurious or dangerous
to health, he is liable to a penalty not exceeding £5. Section 31, above referred to, deals with any water-
closet, earth-closet, etc., used in common by occupiers of two or more dwelling-houses or by other
persons. Any person who injures or improperly fouls such convenience is liable in a penalty not ex-
ceeding 10s. for each offence. Further, if any such convenience or fittings thereof are, in the opinion
of the Local Authority or its proper officers, in such a state as to be a nuisance or annoyance to any
person using or entitled to use the same for want of proper cleansing, then such of the persons having
the use thereof as may be in default, or in the absence of proof as to which of the persons having the
use thereof in common is in default, each of those persons is liable in a penalty not exceeding 10s., and
to a penalty not exceeding 5s. for every day during which the offence continues after conviction. In
passing, it should be observed that it is, and probably will be, difficult to get any judge, in the absence
of proof of actual default, to convict all the persons having the right of use of the offence referred to in
the section. There is an element of unfairness about convictions en bloc, the innocent suffering with
the guilty. Reference is also made on this point to Paragraph 935, Chapter XIV., on Miners' Housing
in Scotland.
Cleaning of Courts, Yards, Areas, and Roofs of Outbuildings.
594. Burghs. — Occupiers are also responsible for keeping clean all private courts, yards, areas, and
roofs of outbuildings in the same which are not cleaned by public scavengers. They have to do this
at their own expense to the satisfaction of the Inspector of Cleansing or Sanitary Inspector, and failing
their doing so, the occupiers are liable in a penalty not exceeding 10s. for each offence. This obliga-
tion on occupiers is foimd in section 120 of the Burgh Police (Scotland) Act, 1892, and that section, it
may be added, confers power on the Local Authorities, if they think fit, to do all the necessary cleansing
of such private courts, yards, areas, etc. (This section may be adopted in Scavenging Districts by land-
ward Local Authorities.)
Certain Type of Underground Dwelling not to be used as Sleeping Place.
595. The occupier is under obligation not to use a certain kind of room- — to be referred to immedi-
ately-— as a sleeping place. The kind of rooni referred to is in whole or in part an imderground dwelling,
such as we have described in Chapter VII., and which is also foimd described in the Summary of the
Statutory Provisions relative to such underground dwellings given in Chapter V. (Paragraphs 220 to
222). The obligation on the occupier not to use such room as a sleeping place is found in section 17 (7) of
the Housing, Town Planning, etc.. Act, 1909.
Obligation to vacate House ordered to be Closed.
596. The occupier is under an obligation to vacate a house in respect of which a Closing Order has
been made, on the grovmd that the house is in a state so dangerous or injurious to health as to be imfit
for human habitation. (Section 17 (4) of the Housing, Town Planning, etc.. Act, 1909.)
597. The occupier, however, on vacating such a house, unless such house had been made unfit for
habitation by his wilful act or default, or by the wilful act or default of any person for whona he is re-
sponsible, may at the discretion of the LocaJ Authority receive from them such reasonable allowance on
account of expense in removal as they may determine, such allowance being paid to the occupier by the
Local Authority, who are entitled to recover same from the owner.
598. It is also provided by section 15 (9) of said Act, that any remedy given for non-compliance with
the implied statutory imdertaking on the part of the landlord that a house (of a rental not exceeding £16)
shall be maintained in a reasonably fit condition, is in addition to and not in derogation of any other
remedy available to the tenant against the owner in respect of such undertaking either at common law
or otherwise.
599. In OTir view, where a house has had to be closed on account of iminhabitabifity for which the
occupier is not responsible, the Local Authority should not only be entitled but should be bound to make
to such occupier a reasonable allowance on account of expense in removal, such allowance to be recover-
able by the Local Authority from the owner of the house.
Subject of Occupancy, viz. the House.
600. The words of sections 14 and 15 of the Housing, Town Planning, etc., Act, 1909, carry con-
viction. It is said that a house (of the rental stated) must be, and be maintained (during the tenancy), in
all respects reasonably fit for human habitation. Section 17 of the same Act provides that houses that
REPORT. 83
are in a state so dangerous or injurious to health as to be unfit for human habitation may be the subject
of a Closing Order by the Local Authority, and the Public Health Act, 1897, and previously the Public
Health Act, 1867, contaia similar provisions, whereby on the application of the Local Authority the
Court can prohibit the use of a house which is proved to be imfit for human habitation.
601. The ordinary reader unacquainted with the intricacies of the law and, for the purposes of this
argument let us assume, ignorant of the facts about housing, would, after a study of these provisions,
probably think, as Parliament has enacted such seemingly definite provisions, that the working people of
the coimtry must be well and comfortably housed, that houses have been provided with at least sufficient
rooms for the separation of the sexes, rooms into which the sunshine and the air can enter freely at all
seasons of the year ; that there are convenient offices for the occupants observing cleanliness of their
persons and belongings ; that the children have facihties for being trained from their infancy in habits of
cleanliuess ; that there are no dirty and destructive tenants because they must have been trained to be
cleanly and orderly ; that there are sanitary conveniences which can be used without outraging feelings
of decency; that the housewife has a scullery La which she can carry out the household washing; or at .
least that the house is provided with a sink with hot and cold water laid on for ordinary domestic
purposes.
602. Suppose, then, this ordinary and innocent reader is taken round the houses of the working
classes, taken to the slums in our cities, to the old properties described in Chapter VII., to some of
the miners' rows and the privy-middens described in Chapter XIV., and to some of the old damp,
dilapidated rural houses, and he is then asked for his impressions on the fitness of these buildings for
occupancy, would not his reply- — very moderately stated — be that none of these houses are in all
respects reasonably fit for human habitation — a goodly number are not in any respect so fit, and what-
ever other habitation great numbers are reasonably fit for, they are certainly unfit — and that unreason-
ably so — to house human beings ? He would feel that we are doing our best to train a race of human
beings in habits of dirtiness and disorderliness, that our housing laws seem to be little better than scraps of
paper, that the efiiciency of our working men and women is being impaired, and the health of the children
is not being fostered and promoted — as it should be — as a precious asset to the nation. What, then,
are the explanations for the inconsistency between the law, or what seems to be the law, and the facts 1
Difficulties of Interpretation of the Statutory Provisions, and Diversity of
Opinion as to what Standards Parliament has laid down.
603. Some of the Local Authorities responsible for the administration of the Acts of Parliament
have attempted, according to their light, to have the provisions enforced. But there is a great diversity
of opinion as to what the words " in all respects reasonably fit for human habitation " mean, or when a
house is " dangerous or injurious to health." Expert witnesses of high standing take widely divergent
views of what standard is intended in these provisions. In a case, the Cadzow Coal Company Ltd. v.
Middle Ward District Cammittee of Lanark County Council (decided on 29th July 1912; County Council
Cases, volume 19, page 130), the question tried was whether houses 200 in nxmiber, with a population of
1000, without sinks and inside water-supply — the water-supply then being five outside wells situated in
some cases 80 yards from the houses (the outside channels being utilised for the disposal of slop water) —
were reasonably fit for human habitation. The Sheriff held that they were. In the course of his judg-
ment he stated —
There can be no two opinions as to the great convenience of having an adequate water-supply
within every house. It means great saving of labour, and I have no doubt Dr Wilson is right in
saying that it ensures better health to the mothers, and a consequent improvement in the health of
their families. But the convenience or the desirability of the appointments of a house do not help
one much in estimating actual human habitability.
I do not think that section 15 (of the Housing, Town Planning, etc.. Act, 1909) was intended to
enable a Local Authority to initiate and enforce a new standard of habitability every few years. .' . .
But I cannot accede to the startling doctrine that the general terms of this section enables the
Local Authorities to make what are practically " repairing byelaws " for old houses. If Local
Authorities desire such powers, they must obtain them directly.
604. In another case, Middle Ward La^mrk District Committee v. Forrest (known as the Benhar case
— decided in 1912 ; County Council Cases, volume 19, page 140), the Committee instituted proceedings
under section 16 (1) of the Public Health (Scotland) Act, 1897, in respect of 155 houses (with a popula-
tion of between 700 and 800) in the parish of Shotts, requiring the owner to provide proper sanitary and
domestic conveniences, including the provision of a sink and water-supply for each house. The gravita-
tion water was laid past the houses, and the properties were supplied by stand-pipes. The owner
strongly resisted the Local Authority's demands, and the Sherifi, after hearing proof, issued an interim
Interlocutor, stating generally his views on the scope of the powers of the Local Authority as regards the
provision of conveniences for housing of the class in question. It will be observed from the report of
the case that the Sheriff indicated that the provisions of the Public Health Act do not empower the Local
Authority to require the provision of sinks and a water-supply for each house, and it is only on this head
that the case is here referred to. (Whyte, 36,833 (29).)
605. It is clear from the last case that in landward areas a house is held not to be in a state of nuisance
or dangerous or injurious to health although it has not a sink or inside water-supply.
606. In another case by the Local Authority of the burgh of Port-Glasgow, brought in 1908 against
certain owners of houses within their area before the Sheriff-Substitute of Greenock, aslcing for an Order
under the Public Health (Scotland) Act, 1897, for the removal of a nuisance which they alleged to exist
on three grounds — (1) deficient air space in rear of the tenement, (2) insufficient water-closet accommo-
dation, and (3) boxed-in beds in certain of the dwelling-houses — the Local Authority averred that
these defects were injurious or dangerous to health. The Sheriff refused the Order asked by the Local
Authority, holding that the Local Authority had not discharged the onus which lay upon them of proving
84 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
a reasonable probability of injury or danger to health because of deficient air space ; that they had not
shewn that the insufficient water-closet accommodation or that the construction of the existing water-
closet accommodation was injurious or dangerous to health ; and lastly, that they had also failed to prove
their case in regard to the boxed-in beds. (Halliday, 33,500 (5).) We think it instructive to quote
the Sheriff's reasoning in dealing with the question of boxed-in beds as follows : —
The question of the boxed-in beds has caused me some difficulty on the actual words of section
16 (1), because there does seem to be consensus of opinion among medical men that such beds are
not healthy. But then, I again think the section must be reasonably construed, and, looking to the
terms of section 65 of the Burgh Police Act, 1903, I caimot think that the Legislature intended in
1897 that all existing boxed-in beds should be compulsorily removed. I am not myself aware that
any such drastic procedure has been carried out by order of any Sheriff in Scotland, and although
my information may be incomplete, it is corroborated by Mr Devine, the Sanitary Inspector of the
burgh of Greenock.
607. Decisions of the kind quoted stereotype the present low standards; they discourage Local
Authorities from trying to improve the housing in their district, and encourage owners to resist the de-
mands of Pubhc Health Departments when such demands are made. Mr Whyte, the Clerk to the Middle
Ward District Committee of Lanarkshire, stated that since the decision in the Cadzow case there has
been a growing reluctance on some hands to meet the demands of the Public Health Departments.
(36,834 (70).)
608. In the Cadzow and Port-Glasgow cases more especially, the Sheriffs seem to enunciate the
doctrine that Local Authorities are not entitled to enforce an advancing standard of habitability as time
goes on. If this is correct law, it seems that the standard of habitability which exists in districts or through-
out Scotland when an Act of Parliament is passed must remain that standard until another Act of
Parliament is passed specifically altering the standard. In our view this was obviously not the intention
of Parliament. The Legislature in usmg the words in the Public Health (Scotland) Act, 1897, that
houses must not be kept in a condition " injurious or dangerous to health," and in the Housing and
Town Planning, etc., Act, 1909, that houses must be " reasonably fit for occupation," cannot have
intended that the standards to be applied to these enactments should be the standards ruling at the time
the Acts were passed.
609. In regard to sanitary conveniences, Dr Wilson, Medical Officer for Lanarkshire, stated that
wherever there was a water-carriage system the Committee insisted on water-closet conveniences, but
the remedy that was accepted by the Sheriffs was simply a water-closet with water carriage instead of a
dry system. Those common conveniences turned out in a very short time to be equally objectionable
as the common privy-midden. The District Committee found that they might as well put up with the
common privy-midden until they could insist on the provision of conveniences placed adjacent to or
within the dwelling, and if possible each house having its own structure. He also stated it was no use
fighting for a common water-closet placed at a distance from the dwellings. (36,887-8.) Accordingly,
in regard to sanitary conveniences the law, as interpreted by the Courts, lags behind the desires of the
public authorities. Sir John Lindsay, the Town Clerk of Glasgow, gives evidence of a similar kind.
He stated : " I think the Sheriff accepts a great deal less than what is the spirit of the law as shown in
its various provisions." (23,265.) He cited the case of a property in Brown Street, Anderston, Glasgow,
which we saw ourselves. It was certainly, he said, in a shocking condition, and he brought the case
before the Courts, but the Sheriff allowed the property to remain, and nobody was more surprised than
the law agent for the owner who had given up all hope. (23,263.) Again, he said : " It comes back to
' this, that you will not get the Sheriffs to gi-ant demolition orders if they can avoid it." (23,283.)
610. So far as the occupant is concerned, i^ would appear therefore that the law— as interpreted by
the Comts- — is that liis house is reasonably fit for human habitation without sink or water-closet inside
or even adjacent to the house. It goes without saying accordingly that the house must also be held to
be reasonably fit without a scullery or a bath or water inside the house either for drinking or washing.
611. The Acts of Parliament refen-ed to are advisedly general in their terms, and it is often better
so. The disadvantage of this practice is that it leaves room for divergence of opinion as to what consti-
tutes a house reasonably fit to live in, and as to when a house is in a state dangerous or injurious to health.
But admitting this, we are still laced with the fact that there is a distinct intention on the part of the
Legislature that a difference should be made between a house which is and a house which is not healthy
and suitable for occupation. In Chapter VII. many defects of structure have been pointed out which
should without question constitute a house as uninhabitable. These defects, as will be seen, include
dampness, bad or imperfect lighting and ventilation, want of sunlight, underground rooms, etc.
612. In cases where the question is not one of structure but of the provision of sanitary accommoda-
tion, the standard accepted by some Local Authorities, and adopted by some Sheriffs, is so low, that it
is quite out of date, and would indeed seem to be clearly and distinctly in contravention of the letter as
well as the spirit of the Act.
613. It IS clear then that the Acts of Parhament referred to in regard to houses have — taking a
commonsense reading of their provisions — failed in their purpose. To some extent — ^but after all only
to a small extent- — the blame may be laid on difficulties of interpretation, or divergence of opinion, as
to the standard intended to be laid down by Parliament. When, however, all that can be said on these
heads is said, we must search deeper for the causes of failure. In our opinion, the Acts of Parliament
constitute a counsel of perfection, but in giving that counsel Parliament omitted to provide the means
for acting up to it or even coming anywhere near it. The real fact is, that there are many thousands of
houses that are not fit for occupation and that should be demolished. But Parliament has omitted to
note that there are no sources or forces to provide a supply of decent healthy houses to take the places
of the houses which should be ruthlessly demolished. Many Local Authorities have been deterred from
enforcing their powers to close houses because of the fact that if the houses were closed no others are
available for housing the people so dispossessed. (See, e.g., Jack 4616, 43,263 ; Pottinger, 11,825 ;
Bremner, 14,712 (4), 14,731 ; Huskie, 32,618 ; W. S. Cook, 33,203 (4) ; Frew, 2802 (2) ; Maxwell Ross,
13,750 f. ; M'Neill, 28,208 f. ; Dunbar, 43,603.) On the other hand, many Local Authorities have
REPORT. 85
apparently been content with a very low standard of habitability. In cases where Local Authorities
have displayed energy and have endeavoured to seciure a raising of the present standard, the Sheriffs
appear to accept a low standard of habitability because that is the standard that has hitherto prevailed,
and they incline to look with disfavour on the views of Local Authorities and their officials as being in
advance of the times. AVhat is a fit house for occupancy is accordingly determined largely by com-
parison with the general type of houses existing.
614. Two questions therefore come out of this discussion on occupancy : —
L Should certain minimum conditions that every house must fulfil bo laid down by Act of
Parliament ?
2. If so, how and by whom are such houses to be provided ?
615. Both these questions must be answered in any proposals for solution of our housing difficulties,
and as they really form part of the wide question of housing reform, we will deal with them in our chapters
on a Housing Policy.
61 6. It is sufficient to say here that the statutory rights of occupancy, as explained in this chapter,
have not been met, and, in our view, without a drastic change in our housing methods there is not the"
smallest chance of their being met in the near or distant future.
617. But the subject of occupancy comprehends the use made of the house by the occupiers. As
we have shewn, occupiers render themselves liable to certain proceedings at the instance of the Local
Authority : —
(1) If they overcrowd their houses ;
(2) If they use or abuse their houses or appurtenances in such a way as to render them dangerous
or injurious to health ;
and they are also bound, inter alia : —
(3) To perform certain cleaning operations, such as washing or keeping clean common stairs,
passages, courts, roofs of outhouses, etc.
Overcrowding of Houses.
618. On this subject we give in another chapter statistics and also instances which make it clear
that overcrowding is prevalent amongst large sections of the population, more especially in the houses
of one and two rooms, which, unfortunately, form such a large proportion of the total houses in Scot-
land. There is applicable to ticketed houses a definite standard of cubic space whereby overcrowding
may to some extent be controlled. But the terms of that standard are complied with if the number of
persons in the house is within the number allowed calculated on the basis of the standard. It is apparently
possible for the persons all to sleep in one room in the house and so overcrowd the room without penalty,
so long as the number in the house is not beyond the number calculated as above. (Cf. M'Ewen, 13,995
(10).) A similar standard may be applied by means of byelaws to houses let in lodgings, including
farmed-out houses, and to common lodging-houses. But apart from these three classes of houses there
is no legal standard for the control of overcrowding, and accordingly the Local Authorities, where they
think that there are too many occupants in a house, have to prove, under the Public Health (Scotland)
Act, 1897, section 16, that the house is so overcrowded as to be injurious or dangerous to the health of
the inmates. This, of course, is not an easy matter. It is the same difficulty which presents itself in
regard to the same expression applied to keeping a house in a dirty condition or allowing the structure
of a house to become dilapidated. The expression we refer to is " injurious or dangerous to health."
The administrative bodies are retarded in their efforts to improve the health and housing conditions in
two ways : (1) they find it difficult to prove their case wl;ien they bring it before the Sheriff, and (2) this
difficulty reacts on their official activities in administratively dealing with or attempting to deal with
overcrowded conditions. The matter does not require any further discussion here, because, obviously,
the provision of houses with adequate accommodation would affect this question of overcrowding in so
far as the responsible authorities are concerned — -that is, if there were a sufficiency of houses, and if, in-
stead of having to rely upon such general expressions as " overcrowding which is injurious or dangerous
* to health," there were set forth in the statutes certain more specific indications of what overcrowding
would be held to consist of, the difficulties of the administrators in controlling overcrowding would largely
disappear.
619. The legal standard laid down for (a) ticketed houses, (b) houses let in lodgings and farmed-out
houses, and (c) common lodging-houses mentioned above, is what is called the cubic space standard.
There is, however, a manner of overcrowding which would certainly appear to be inimical to the health
of the occupants which does not depend so much on cubic space as floor space. There are many houses
which are not overcrowded according to cubic space which would appear to the ordinary individual to
be overcrowded with human beings. This leads us to consider two minor questions as follows : (1)
bed-recesses in kitchens, and the practice of the Scots occupiers of having beds in the kitchen ; (2) the
non-use by certain sections of the people of more than one room or two rooms in a house where a second
or third room may be available.
620. Before stating very generally what the evidence is on these two heads, we desire to point out
that of course the habits and tastes of the working classes in Scotland have been moulded from genera-
tion to generation by their physical environment — in other words, so far as the house is concerned, by the
class of house in which they have lived. The class of house, on the other hand, depends largely upon
the amount which the occupier is able or willing to pay in rent. It is probably true that the bed-re-
cesses in the kitchen, which were provided in the old Scots houses, were so provided because they enabled
a house to be built within the means of the working people, especially those of the poorly paid class.
It is the case that in some of the modern houses, tenements and others, there is still provided one bed-
recess in the kitchen. These modem working-class tenements, however, very largely contain houses of
two apartments only, or two apartments and a very small closet, hence the provision of a bed in the
kitchen.
86 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
621. The practice of sleeping in the kitchen and of having a bed-recess in it for that purpose is uni-
versal throughout Scotland. It is very common in the mining areas as well as in the tenements of the
towns. It is alleged that unless these bed-recesses are provided the houses cannot be let. (Wilson,
4133 if.) The reasons for the continuance of this practice are not very specific. Dr M'Vail of the Scottish
Insurance Commission, and formerly Medical Officer of Health for Stirlingshire and Dumbartonshire,
thought that the climate of Scotland had something to do with it. (M'Vail, 5328.) This view was
supported by the evidence of Mr Davison, Sanitary Inspector for the Dunfermline District of the
Coimty of Fife. He stated that the kitchen was the warm room in the house, and that the people liked
to live in it. (Davison. 4782. See also Sullivan, 26,968 ; Brown, 18,319 ; M'Vail, 5279 ; Middleton,
30,147, etc.)
622. Dealing with the non-use of the full accommodation provided, we find in the evidence a certain
amount of support for the suggestion that amongst a certain number of the working people there is not
evinced, actively at all events, a desire for a better house with more accommodation. There is also
evidence that in some cases even where there is a second room the whole family, which may be four
persons or even more, may be found sleeping in the kitchen, and the second room is rarely used. So far
as the evidence goes, this applies more to the miners' rows — where the tradition of the single-room house
is strong, and where its presence even now bulks largely — ^than to working-class tenements in the town.
We should say, judging from the comparatively small amount of evidence suggesting that the working
people do not make use of the limited accommodation with which they are provided, and judging also
from our experience in visiting various working-class properties, that it is beyond doubt that the limited
• — too limited^ — accommodation in the great mass of houses provided for working people is as a rule
fully and adequately made use of. As we have said, the evidence in regard to the non-use, or only
partial use, of the whole accommodation in a house comes largelv from the mining centres. (See Dr
M'Vail, 5279 ; c/. Robertson, 6788 ; Brown, 18,319 ; Sullivan, 26,968 ; Barr, 27,534.)
623. For the rural districts we had evidence from Mr Smith, Factor to the Marquis of Ailsa (28,498
(5)) ; Mr Middleton, Factor on the Kilmarnock Estate (30,147) ; Mr Christie, Factor and Land Valuator,
Aberdeen (28,855) ; Dr Sinclair, Medical Officer of Health, Forfarshire (34,700) ; and Mr Elder, Farmer,
East Lothian (30,418). These witnesses gave evidence that in their experience where more than two
apartments were provided for rural workers, in a considerable number of cases the third apartment was
not used, or was used as a lumber or store room. On the other hand, the late Mr Rothney, Secretary of
the Scottish Farm Servants' Union, pointed out that in the far North housing is very bad, the houses
being very old ; in the other counties the housing is more mixed, the preponderance being of old houses
which are now out of date ; that the typical house provided for farm servants is the old " but and ben,"
with occasionally a bed-closet squeezed in between ; that most of the houses were built at a time when
all that was considered necessary was shelter, but from the number of houses which fail to provide even
this, it is evident that it was not considered absolutely essential. He further stated that the majority
of houses are draughty through defective building, a very large proportion are smoky, while the number
of damp houses is so great as almost to justify one in saying they are the rule, that drainage is either
defective or non-existent, rhones are seldom found except in newer houses, while sanitary conveniences
are the exception. Where provided they are of the rudest character. (Rothney, 31,841 (7).) Mr
Middleton pointed out that ploughmen nowadays shift every six months, and in many cases they cannot
furnish three rooms. Mr Christie stated that there was no object in providing too much accommodation,
as cottars and labourers as a rule do not possess much furniture, and that there is often a desire among
them to sleep in the kitchen, even though it is the living room, as that room, having the fire in it, is the
warmest. He added that the parlour is generally the most musty-smelling and dampest apartment in
the house.
624. On a survey of the evidence as a w^iole, we are of opinion that it is only a small proportion
of the working people of whom it can be said that they do not fully and properly use the
accommodation provided. Moreover, where it can be said that the accommodation is not so used, it
has to be kept in view that very often the houses are damp, as shewn in Chapter VII., and as brought
out in Mr Rothney's evidence, referred to in preceding paragraph, and that, as a witness quoted above
says, the parlour is a musty-smelling and damp apartment, that workers have not an unlimited amount
of money to spend on coals, and that it is somewhat natural where houses are damp that the people
should centre most of their living and sleeping in the kitchen, in which the fire is to dispel the coldness
and dampness of that part of the house. Further, as none of the older houses, and not a large propor-
tion of the newer working-class houses have any or adequate scullery, press, or store accommodation,
it is perhaps not to be wondered at that the second or third room in a house becomes what is called a
lumber room. The housewife must have somewhere to put all her belongings. As we point out, how-
ever, in the chapter (XIV.) on Miners' Housing, evidence has been given to show that where new houses
of three apartments are provided there is sometimes a difficulty in getting them let, and that even in
two-apartment houses of a good tjrpe the second room may not be furnished or occupied. Our observa-
tions above apply more particularly to the older houses, where dampness is prevalent owing to want
of damp-proof courses, defective structure, etc.
Standard of Cleanliness.
625. This matter does not, we think, require much discussion. We hold it proved in the evidence
and from our visitations to working-class houses throughout Scotland that, taking all the circumstances
into consideration, such as the size of the house, the condition of its structure, the nature of the surround-
ings, the adequacy and proximity or otherwise of the water-supply, the arrangements for disposal of
house refuse, the general absence of press or other storage accommodation, the average standard of
cleanliness in these houses is good, that in some cases indeed it is surprising to find, where circum-
stances seem difficult and everything- — or almost everything^ — against cleanliness, that the houses are
models of cleanliness. Of course the personal element is an important factor in this matter. It materi-
ally affects the standard of cleanliness and comfort, and that human element is affected in the most
REPORT. 87
important degree by the environmeut. While even under slum conditions some occupiers display
remarkable resistance to their surroundings and keep their houses in good condition, there are others
whose powers of resistance are not so strong, and who fall to the level of their surroundings. There is
a remainder — we are glad to think a small and diminishing remainder — whose habits are so uncleanly,
and others whose habits are so destructive, that they require to be specially dealt with.
626. Our inquiries have been chiefly confined to the housing of the working classes ; but while it is
the case that houses are not always properly kept, it must not be supposed that they are the only sinners
in this respect. We have, for example, the evidence of such an experienced Medical Officer of Health
as Professor Matthew Hay of Aberdeen, to the efiect that the cleanest house he ever saw was in a slum,
and the dirtiest one in the West End. (41,334 (230).) But while contrasts of this kind may be found,
we would point out that, as is seen from previous chapters, the conditions attendant on the high degree
of cleanliness that is usually associated with the houses of the well-to-do are nearly always wholly or
partially absent in the case of the houses of the working classes, and are almost invariably and wholly
absent in the case of houses in the poorest districts. In this connection we quote the evidence of the
Rev. David Watson, Minister of St. Clement's Established Church, Glasgow, who is familiar with the
conditions existing amongst the working people in a poor and thickly populated city parish. He said : —
I am well aware of course that beautiful Christian homes exist even in the slums, but the
expenditure of effort and watchfulness is tremendous, and "the anxiety is endless. I am familiar
with the " eternal heroism of the slums," but it is a heroism that should be uncalled for in a civilised,
not to say professedly Christian, country. (Watson, 22,379 (8).)
And in the same connection we give a passage from a lecture delivered in 1888 by the late James B.
Russell, M.D., LL.D., Medical Officer of Health for the City of Glasgow, which passage is well worth
careful study :■ —
There is no way of forming a just opinion as to these habits of the inhabitants of our small
houses but by calmly and conscientiously analysing what I might'call the physics of our own
morality. If Buckle has successfully proved regarding mankind in the mass, inhabiting different
regions of the earth, that there is an " influence exercised by the external world in predisposing
' men to certain habits of thought, and thus giving a particular tone to religion, arts, literature, and,
in a word, to all the principal manifestations of the human mind," and I believe he has, then is it
possible that the one- and two-roomed house piled up in tenements, and these tenements again
ranked in streets and packed into back courts, can produce the same manner of men as the lai^e houses
with all the luxurious space and opportunity of the softening ministration of nature without, and
the tender wooing of light and warmth and comfortable domesticity within ? I confess for myself
that the physical circumstances of the poor in Glasgow are so contrary in their nature to those which
have surrounded me throughout my life, and I recognise such a close relationship between my
physical circumstances and the general character of my life, that I can come only to one or other
of two conclusions : Either the poor belong to a different species of the genus man, or the same
relationship must exist between their different physical circumstances and the different general
character of their lives.
Dirty and Destructive Tenants.
627. It has already been pointed out that under the Public Health Act (which applies both in
counties and in burghs) the responsibility for a dirty house rests conjointly on owner and occupier. If
the walls and ceilings are dirty and require whitewashing, cleansing, or purifying, it is the business of
the owner to have this done. If the bedding or clothing in the house is filthy, then the blame and the
penalty fall upon the tenant. Under the similar sections of the Burgh Police Act, however (which apply
only in burghs or in scavenging districts, as already indicated), the tenant of an occupied house seems
to be wholly responsible if the house is kept in a dirty, unwholesome, or unhealthy condition.
628. There is a consensus of opinion that the law requires strengthening in its provisions for deal-
ing with occupiers who persistently keep their houses in a dirty condition. And, further, that the
Housing Laws must take cognisance- — which they have not done yet^ — of the tenant who deliberately
destroys the structure or the internal fittings. We hold that the evidence is conclusive on these heads,
and we do not think it necessary to cite portions of the evidence to support this conclusion. The demand
for an amendment of the law on these heads has been put forward by numerous witnesses representing
Local Authorities throughout Scotland {e.g. Macpherson, 37 ; Keith, 1249 (27) (43) ; Frew, 2808
(23) ; Devine, 4634 (26) ; Eraser, 14,872 (36) ; Devine, 33,207 (18), etc.) The position was put before
us succinctly by Mr Whyte, Clerk to the Middle Ward District Committee of Lanarkshire. He
told us that it had been felt in practice by the Local Authorities of landward districts that there was
great difficulty in proving under section 40 of the Public Health Act that the filthy condition of a house
was such as to affect or endanger health, and that in great measure the section had been found to be a
dead letter. Further, that the respective duties of owner and occupier imder the section were not clearly
defined, and that it was suggested that Local Authorities of landward areas should (as in the case of Town
Councils under the Burgh Police Act) be empowered to take action whenever the conditions are filthy
or unwholesome without requiring to shew that the health of the inmates is actually endangered.
(Whyte, 36,633 (40).) More drastic action should, he said, be authorised for dealing with persons who
keep their houses in a filthy condition. (Ibid., 36,633 (124).) " If," he added, " we could have a person
penalised for keeping a dirty house, it would be a much more effective method." (36,922.) We agree
with the views of the witness above quoted, and with the evidence on the same lines tendered from
many quarters. As we have shown (paragraph 155 of " Summary of Existing Statutory Provisions,"
Chapter V., and also in this chapter), the powers of a landward Local Authority for securing the cleansing
of houses kept in a filthy condition are limited to cases where the condition is such as to affect or
endanger the health of the occupants, or where the Local Authority are of opinion that the cleansing
would prevent or check infectious disease. *
629. In burghs, proof of the conditions mentioned is not necessary. Action can be taken solely
on the ground that the house is in a dirty or im wholesome condition. We think that Landward Authori-
88 ■ ROYAL COMMISSION ON HOUSING IN SCOTLAND.
ties should be placed on the same footing as Burgh Local Authorities, and that accordingly section 40 of
the Public Health (Scotland) Act, 1897, should be amended so that a Local Authority can proceed to
secure the cleansing of the house without first having to prove that the health of the inmates is
actually endangered.
630. As we have indicated, our attention was drawn by witnesses to the fact that no penalty is
exigible for keeping a house in a dirty condition, the person concerned being liable in a penalty only if
he fails to comply with a notice of the Local Authority requiring him to clean the house. We think it
should be made a statutory offence, for which a penalty may be imposed, to keep a house in a dirty con-
dition, and similarly that it should be a statutory offence, subject to penalty, wilfully to destroy the
structure of a house or the internal fittings. It was pointed out to us that the experience of officials
generally is that under the existing procedure no permanent improvement of houses occupied by per-
sistently dirty tenants can be effected. The result of the notice served by the Local Authority is that
a cleaning up of a kind takes place, but the former state of matters soon reappears.
63L Of course there is the difficulty in creating penal offences that thereby there is often created
a class of criminal or quasi-criminal, and it is our earnest desire to avoid making any recommendation
which would tend in that direction. We keep prominently in view that the dirty or destructive tenant
may be, and often is, the creation of the social system in which he lives. Many house occupiers brought
up from their infancy in an environment of congestion, discomfort, impleasantness, and extreme hard-
ship, not uimaturally assimilate in their habits the conditions by which they are surrounded. This
subject is really one aspect of the large and difficult question of individual responsibility, and
whether, and how far, human beings are the creatures of circumstances and of environment. Without
going into this subject, we think it should be kept in view that while it is necessary to adopt some sort
of repressive measures in dealing with the careless, dirty class of house occupier, such measures alone
would fail to effect their purpose. Repression by itself would be no cure, and we hope that if the recom-
mendations which we are to.make on a national hoxising policy are adopted, this presently proportion-
ately small class of tenant woiild gradually tend to disappear ; that the standard of health, cleanliness,
and decenc}' of the whole population would tend to rise, and with that rise in standard would come
the solution of what is now a difficulty, viz. How to deal with the tenant whose house is kept in a dirty,
unhealthy condition without still further degrading or tending to degrade the man or woman who is
in default by putting him or her into the hands of the police. With these explanations, and holding these
views, we recommend that the present statutory provisions should be amended to the following effect : —
632. (!) The Local Authority should be entitled, where they find that a house is kept in a dirty,
imwholesome, or unhealth}'^ condition, or where the structure or internal fittings have been wilfully de-
stroyed, to give a warning in writing to the tenant.
(2) Where that warning does not have the effect of making the tenant more careful in future, the
Local Authority should be entitled to serve the tenant with a complaint to appear before a magistrate
charged with the offence of keeping a dirty house or having destroyed the structure or internal fittings.
At the diet before the magistrate the Local Authority would require to prove,- —
(a) That the warning mentioned above had been given, and
(b) That nothwithstanding that warning the offence was being continued or had been renewed.
At this diet the magistrate would be entitled to give an admonition, or in his option to impose a fine.
(3) On a second conviction, the magistrate would be entitled to impose a heavier fine.
(4) On any subsequent convictions he would be entitled to increase the fme each time.
633. We think that before instituting proceedings of any kind the Local Authority should be bound
to consider carefully whether or not there were any mitigating circumstances that would justify non-
prosecution. We can imagine cases where it would not be reasonable, or at all events expedient, to
prosecute. The size and arrangement of the house might not be conducive to cleanliness ; there might
be no scullery or any similar convenience, and all the domestic work of the house might have to be
carried on in the living and sleeping room ; the house, though of sufficient size judged by the standards
of cubic space, might be so limited as to floor area that, from the domestic point of view, having regard
to the number and occupation of the inmates, order and cleanliness could not be obtained, or could only
be obtained with great difficulty ; or the outside surroundings of the house (e.g. muddy roads, unpaved
footpaths and courts, etc.) might be such that it would be next to impossible to prevent the soiling
of the house by the dirt and mud brought in by the occupants ; or, again, illness or poor health on the
part of the housewife, or insufficient help for the duties she had to perform, might tend to neglect of the
house. These and other points — in view of the suggestion that the mere fact of keeping a dirty house
should be a police offence — would require to be carefully considered before any prosecution was insti-
tuted by a Local Authority.
634. Further, we desire to state that our attention was drawn by one of the General Superintendents *
of Poor of the Local Government Board to the difficulty experienced by Poor Law Authorities in deal-
ing with those paupers who do not keep either themselves or their houses clean, and who will not allow
others to do these things for them. The Inspector of Poor may, of course, threaten to withdraw outdoor
relief from such persons. This threat, however, cannot apparently be made effective, because, as is most
likely, the person to be dealt with will decline to go to the poorhouse, and in these circumstances the
Inspector is bound to see that the pauper does nof suffer from want. (Cleveland Ellis, 3909 (8).) In
such cases, the provisions of the Public Health Act. even amended as we suggest above, would not be
sufficient. It is clear that such persons would be unable to pay any fine that might be imposed.
Accordingly, some other procedure is required for these special cases. The matter is discussed in the
Poor Law Commission Report for Scotland, 1909 (Cd. 4922), pages 121 and 230, where it is suggested
that Parish Councils should have power if necessary to enforce the compulsory removal to an institution
of such cases as are described- — subject to suitable safeguards against abiise. We agree with the re-
commendation of the Poor Law Commissioners.
635. Generally, we point out that it is natural that, in evidence submitted by the officials of Local
Authorities responsible for dealing with houses kept in a bad condition, prominence should be given to
the class of tenant we have been describing, and accordingly we desire to emphasise uur belief that, while
REPORT. 89
it is evident that in most comnnmities there are some occupiers of houses of the kind mentioned, the
great mass of the working people, inchiding the poorer paid workei-s, keep their houses clean and orderly,
and that often under most adverse conditions and in a most depressing environment.
Sweeping and Washing of Common Stairs, Landings, Passages, Water-closets, etc.
636. Naturally the keeping clean of staii-s and conveniences used in common gives rise to consider-
able difficulty, particularly in the congested parts of the cities.
637. Several witnesses suggested to us that the law in regard to the keeping clean of staii-s and
conveniences used in common required amendment. Dr Chalmers, Medical Officer of Health for Glasgow,
proposed to shift the burden of stair cleaning from the tenant to the landlord, not because it had been
necessarily proved, in his view, that this was the landlord's duty, but, frankly, because, according to
his opinion, the administration had broken down. (20,269.) Mr Mann, Secretary of the Glasgow
Workmen's Dwellings Company, seemed prepared to put a gi-eater responsibility on the landlord, not
that he proposed that the tenant should be relieved of the work of cleaning the stairs, but that it would
be the landlord's duty to insist that the tenants do the work efficiently and regularly. Through the
landlord, he said, the control over the tenant must be strengthened. (Mann, 21,207 (86).) We cannot
accept these views. We think that it would be unfair to ask the landlord to become the supervisor, and,
to be effective, the instrument of coercion, where coercion was required, upon the tenants. Nor would the
tenants, we think, submit to this treatment.
638. Mr Eunson, of the Edinburgh Trades' Council, suggested that the duty of cleaning common
stairs and passages should be taken over by the Local Authorities.
639. On the whole, we do not see reason to recommend any alteration of the law on this head except
as after-mentioned (Paragi-aph 640) for landward areas not in Scavenging Districts. In support of this
view we refer to the evidence of Sir John Lindsay, the Town Clerk of Glasgow. (23,362-23,368.) The
Burgh Police Act, 1892, Section 115, enacts that the cleaning of the common stairs, etc., has to be
performed to the satisfaction of the Sanitary Inspector, and the Local Authority have power to frame
byelaws under that Act for the proper cleaning, etc., of the stairs. Sir John Lindsay stated that regula-
tions for the cleaning of stairs and closes have been in operation in Glasgow for a dozen years, and that
they had worked well. There was no difficulty, he said, in handling complaints, and he did not think
there were so many as a dozen prosecutions in the year for contravention of the regulations. The
advantage of working imder the section of the Burgh Police Act referred to, or under such byelaws
or regulations as against the roimdabout procedure of the Public Health Acts, is that proceedings in Court
can at once be taken against the offender for the statutory penalty without having to go through the
preliminaries of serving intimation or notice. We understand several Town Councils have framed
byelaws under the powers of the Burgh Police Act for the cleaning of common stairs. Others presumably
find that the powers of the Act are sufficient to secure the necessary cleaning without having resort to
byelaws.
640. As we have already indicated (Paragraph 591), the provisions of the Burgh Police Act refeiTed
to in regard to the cleaning of common stairs, passages, etc., may be made available in Special Scavenging
Districts in landward areas. But oiitwith such special districts the landward Local Authority can take
no action except when a nuisance arises through the want of cleaning, and they have to depend on what
Sir John Lindsay terms " the roundabout procedure of the Public Health Act." This should not be so,
and accordingly we recommend that the provisions of the Burgh Police Act referred to should be
made operative in all parts of landward areas.
64L As regards water-closets used in common, we consider that the provisions of the Burgh Police
Act in regard to cleaning such closets^ — -which, as has been shown, are similar to the provisions for the
cleaning of common stairs — should also be made available to landward Local Authorities, and be opera-
tive in any part of their district. As has been explained (Paragraph 593), the existing provisions in the
Public Health Act (section 31) for securing the proper keeping of common water-closets are not satis-
factory, and accordingly the further powers above suggested are necessary. But we think it right to add
that the real solution of the difficulties associated with these common conveniences is the provision of
one convenience for the exclusive use of each family. Unfortunately this cannot be achieved as regards
many existing houses, but wherever possible in such houses, and certainly in all new or reconstructed
houses, there should be one such convenience per house.
642. The subject of occupancy includes occupancy of a one-roomed house. This is a subject on
which there is a good deal of evidence, and it has perhaps been more discussed and written about than
any other aspect of the many-sided subject of housing the working people of the nation. We propose,
therefore, to devote a separate chapter- — the next- — to it.
Summary of Recommendations and Suggestions in Chapter X.
(1) That section 17 (5) of the Housing, Town Planning etc.. Act, 1909, be amended to the effect of
making it obligatory on the Local Authority to make to every tenant who has to remove from a dwelling-
house on account of a Closing Order having become operative (unless the dwelling-house has been made
unfit for habitation by the wilful act or default of the tenant) such reasonable allowances on account
of his expense in removing as may be determined by the Local Authority. (Paragi-aph 599.)
(2) That section 40 of the Public Health (Scotland) Act, 1897, be amended so that any Local
Authority may be enabled to secure the cleansing of a house without first having to prove that the
health of the inmates is endangered. (Paragraph 629.)
(3) That (1) to keep a house in a dirty condition, and (2) wilfully to destroy the structure or fittings
of a house, should be made statutorv offences, for which a penalty may be imposed after fair warning.
(Paragraphs 630 to 632.)
(4) That subject to suitable safeguards against abuse Parish Councils should have powers of com-
pulsory removal of paupers to poorhouses. (Paragraph 634.)
90 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(5) That the provisions of the Burgh Police Act in regard to the cleaning of common stairs, passages,
etc., should be made operative in all parts of landward areas. (Paragraph 640.)
(6) That the provisions of the Burgh Police Act as regards the cleaning of common water-closets
should be made operative in all parts of landward areas. (Paragraph 641.)
(7) That wherever possible in existing houses, and in all new or reconstructed houses, there should
be one water-closet for the exclusive use of the occupants of each house. (Paragraph 641.)
CHAPTER XI.
THE ONE-ROOM HOUSE.
643. Life in One Room. — Before we can put a proper value on the evidence for and against the one-
room house, we must have a definite picture of what life in one room means in actual conditions. Such
a picture James Burn Russell, M.D., LL.D., offers us in his lecture, delivered on 27th February 1888,
on " Life in One Room." (Public Health Administration in Glasgow, Memorial Volume of the Writings
of James Bum Russell, B.A., M.D., LL.D., edited by A. K. Chalmers, M.D., p. 189 : Maclehose & Sons,
Glasgow, 1905.*) In his later years Dr Russell was Medical Member of the Local Government Board,
but for the previous twenty-six years he had been Medical Officer of Health of Glasgow. He, therefore,
spoke of hfe in one room from such intimacy of observation as no other man of his day possessed. In
essentials, though less in magnitude, the conditions that led him to his views of life in one room are
the same to-day as when he spoke in 1888. We regret that we cannot reproduce the whole paper, for
only from a careful perusal of it can a full realisation be obtained of Dr Russell's stem condemnation
of the one-room house. Grounding his study in the census figures of 1881, he showed what the figures
meant in the concrete life of the occupants of the one-room houses of Glasgow : —
Of all the children who die in Glasgow before they complete their fifth year, 32 per cent, die
in houses of one apartment, and not 2 per cent, in houses of five apartments and upwards. There
they die, and their little bodies are laid on a table or on the dresser, so as to be somewhat out of
the way of their brothers and sisters, who play and sleep and eat in their ghastly company. From
beginning to rapid-ending, the lives of these children are short parts in a continuous tragedy.
644. These and others of the " worst fruits " of the one-room house he paints with precision, as
shown in the following passages : —
It is obvious that no manner of occupancy will make the one-room house a home in the proper
sense of the word. Not that many an isolated man or woman or aged couple may not find in it
a wholesome and suitable dwelling-place, and enjoy therein the privilege of independence. Even the
young couple who have " married for love " while yet in the stages of " worldng for siller " may light
their first fire on the hearth of the one-room house. These are the anomalies of hfe, and, under certain
conditions, I take no exception to the one-room house in itself, because it undoubtedly meets them ;
J \ but, I repeat, a home in the proper sense of the word, a place for the nurture of a family, it can
i V)^ never be.
^ V^ / 645. Again he says : —
\ ,(K But let us ask ourselves what life in one room can be, taken at its best. Return to those
x*^ 126,000 1 men, women, and children whose house is one apartment, and consider whether, since the
world began, man or angel ever had such a task set before tliem as this — the creation of the elements
of a home, or the conduct of family Ufe within four bare walls. You mistresses of houses, with
bedrooms and parlours, dining-rooms and drawing-rooms, kitchens and washing-houses, pantries
w and sculleries, how could you put one room to the uses of all ? You mothers with your cooks and
„ J/ housemaids, your nurses and general servants, how would you in your own persons act all those
xO^ / parts in one room, where, too, you must eat and sleep and find your lying-in-room and make your
sick-bed ? You fathers, with your billiard-rooms, your libraries and parlours, your dinner parties,
your evening hours undisturbed by washing-days, your children brought to you when they can
amuse you, and far removed when they become troublesome, how long would you continue to be
that pattern husband which you are — in one room ? You children, with your nurseries and nurses,
your toys and your picture-books, your space to play in without being trodden upon, your children's
parties and your daily airings, your prattle which does not disturb your sick mamma, your special
table spread with a special meal, your seclusion from contact with the dead and the still worse
familiarity with the living, where would you find your innocence, and how would you preserve the
dew and freshness of your infancy — in one room ? You grown-up sons, with all the resources of your
fathers for indoor amusement, with your cricket fields and football club and skating pond, with your
own bedroom, with space which makes self-restraint easy and decency natural, how could you wash
and dress, and sleep and eat, and spend your leisure hours in a house of — one room ? You grown-up
daughters, with your bedrooms and your bathrooms, your piano and your drawing-room, your httle
brothers and sisters to toy with when you have a mind to and send out of the way when you cannot
be troubled, your every want supplied without sharing in menial household work, your society
regulated, and no rude rabble of lodgers to sully the purity of your surroundings, how could you
live and preserve " the white flower of a blameless life " — in one room ? You sick ones, in your
hushed seclusion, how would you deport yourself in the racket and thoughtless noise of your nursery,
in the heat and smells oi your kitchen, in the steam and disturbance of your washing-house, for
* See also "The Child of the One- Roomed House," by W. Leslie Mackenzie, M.D., published in the Journal of the
Child-Study Society, 1913, vol. vi. Nos. 6, 7, and 8.
t This figure was taken by Dr. Russell from the 1881 census. According to the census of 1911 there were still
104,641 peojfle living in one-rooraed houses in Glasgow.
y y
■\
V-
REPORT. 91
you would find .all these combined in a house of — one room ? Last of all when ymi die, you still
have one room to yourself, where in decency you may be washed and dressed and laid out for burial.
If that one room were your house, what a ghastly intrusion you would be. The bed on which you
lie is wanted for the accommodation of the living. The table at which your children ought to sit
must bear your coffin, and they must keep your imwelcome company. Day and night you lie
there until with diSiculty those who carry you out thread their tortuous way along the dark lobby
and down the narrow stair through a crowd of women and children. You are driven along the
busy and imsympathetic streets, lumbering beneath the vehicle which conveys your scanty company
to the distant and cheerless cemetery, where the acrid and deadly air of the city in which you Hved
will still blow over you and prevent even a blade of grass from growing upon your grave.
646. Dr Russell's broad sketch has been filled in by Mrs Mary Laird, who appeared before us from
the Women^s Labour League, Glasgow, a body representative of the better-paid working classes of
Glasgow." In the evidence submitted, Mrs Laird emphasised with circumstance and intimate detail
the objections to the single apartment house " as a home for a married couple." She spoke from the
housewife's point of view. She was the only witness that gave evidence from this standpoint, and she
spoke from actual experience of life in a one-room house. Her evidence, therefore, has a special value.
She pictures some " of the difiiculties of the daily round in a single apartment home. From the first
' false start in the morning, when the household is astir at 5.30 a.m. with husband and wife excitedly
' hunting for a muffler, waistcoat, cap, or sock, as the case may be, there is nothing but friction and
' irritation all day. What with the make-down bed in the middle of the floor and the clothing of
' the family lying about, the scene of confusion is almost indescribable." (23,066 (8).) When the
family includes boys and girls, " the mother, in deference to feeUngs of womanly delicacy, and, in the
' interests of her family's moraUty, tries to make up a separate bed for the boys, and this bed has to be
' made down on chairs, etc., every night and packed up and tucked away with no chance of airing every
' morning. All this makeshift entails a very great deal of extra labour on an already overdriven
' class." (23,066 (14).) The labour expended in keeping a one-room house in order is out of all
proportion to its size. " It is a constant succession of lifting, folding, and ha;nging up, and if this
' is relaxed for even a short time the confusion is overwhelming." (23,066 (9).) But the insuffi-
ciency of the one-room house becomes most manifest when a birth or death takes place. At a birth,
the other inmates have to be accommodated elsewhere ; the mother necessarily suffers from the noise
and stress of the crowded room ; for days and nights she may have the only available bed ; she has to
see that the rest of the family is somehow provided for. She may fail " to get the full use of maternity
' benefit because in this one room they cannot give accommodation to the nurse, who, otherwise, would
have given all her time and attention to both mother and child during the lying-in period." (23,066 (6).)
If decency at the beginning of life is thus made difficult, decency at the end of it is made impo.ssible.
The beloved dead is laid on the bed, and all the usual round of domestic duties, including the
taking of meals, has to be done with ever that still, pale form before their view. Night comes on
and the household must go to rest, so the sad burden is now transferred from the bed and laid on
the table, or it may be the coal-bunker lid. In the morning, to admit of the table being used for
breakfast, or to let coals be got for the fire, the body has to be lifted on to the bed again, and so
on for the customary three days, the broken-hearted relatives feeling it to be a sacrilege thus to
hustle about the mortal remains of a much loved one. (23,066 (7).)
647. Special Illustrations of General Inadequacy. — Of this general inadequacy of the one-room house
for the purposes of daily life, it is easy to produce concrete illustrations. Dr Huskie, speaking from
a long experience of medical practice in a small town and a rural area, gave his ^^ew that the one-room
house is "hopeless altogether." "It should not be anything else but a storeroom." (32,623.) He
declared himself against one-room dwelUng-houses. From the standpoint of decency, he has experienced
in the course of his practice real inconvenience.
You sometimes find it in the case of two rooms, and repeatedly in the case of one room when you
have a case of confinement. It is very awkward. You have either to put the people out on to the
street in the middle of the night, or you have to get a screen drawn and separate it from the rest of
the room as well as you can. Well, it is not a very nice thing, and it is very bad morally. Sometimes
there are lodgers in the same room. The worst case I had was a case of one room where there was a
widow with a son and daughter and a lodger. The daughter was being confined. The two beds were
head to foot ; in the one bed the lodger and son slept, and my assistant was attending the daughter
in the next bed. This was all in a little bit of a room. Then, apart from confinement work, how
can they dress ? One is dressing and another is dodging back and forward, and there is no chance
of decency. It is a hopeless state of things. (32,625.)
He would " absolutely condemn the one-room house unless for an old widow living by herself ; but where
you have more than one person, I would put a stop to it, both from the point of decency and from the
public health point of view." (32,626.)
648. The circumstances here detailed must be repeated, with variations, thousands of times a year
in the one-room houses of Scotland. They serve to bring into striking relief the inconveniences, dis-
comforts, and indecencies that are normally inevitable where overcrowding occurs.
649. Inadequacy for Housing of Sick Persons : Illustrated by Pulmonary Tuberculosis. — ^When sickness
occurs, the stresses of life in one room cannot fail to be a serious aggravation. In tuberculosis, this is
too gross to be questioned. On the relation of the one- and two-room houses to pulmonary phthisis and
sanatorium treatment, strong opinions were given by Dr William L. Reid, Chairman of the Medical
Advisory Council to the Consumption Sanatoria of Scotland, Bridge of Weir, and Dr Ebenezer Duncan,
Honorary Consulting Physician to the Victoria Infirmary, and a Member of the same Advisory Board.
These two physicians, who have both had prolonged experience of all phases of life in Glasgow, repre-
sented notjmerely the Advisory Council named, but the general medical opinion of the Royal Faculty
of Physicians and Surgeons of Glasgow. (21,524-21,699.) They agreed that one- and two-room houses.
92 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
particularly where the box-bed continues to be used, were wholly unsuitable. They agreed that it was
not possible to carry out open-air treatment in one- and two-room houses with an average of three persons
per house and sometimes more ; but —
an open window in a house such as that is of very great importance as compared with a shut
window. Then, again, in regard to sputum, I think perhaps this is the most important point of
all. We t«ach them how to take care of the sputum. (21,549.)
But they admitted that, where a mother and three or four children are in a one-room house with a box-bed,
education in the care of sputum was not a safeguard " luiless so far as it can go." (21,-550.) But they
agreed tliat single-room houses, particularly those with box-beds, were undoubtedly an important factor
in the spread of tuberculosis. "There is not the slightest doubt about it." (21,554.) They agreed
that the mere proximity of contacts with patients, patients with one another, and adults with adults,
were all physical reasons justifying them in saying that those houses are an active cause of the spread
of phthisis — " just as we said of typhus." (21,557.) They also agreed that, although the infection is
slower and more treacherous and more subtle in every direction, the same would happen in time as
would happen in typhus in a short time. (21,558.) It was the unanimous opinion of the Royal
Faculty of Physicians and Surgeons that these conditions were urgent reasons for removal in order to
prevent the continued spread of phthisis. (21,560.) Dr Duncan, continuing his evidence, said: "At
' the present moment, under the Insurance Act a very large number of tubercular cases are treated at
' home, and we hold that the houses for the poor at present existing in Glasgow are totally unsuitable,
' taking any room-and-kitchen hovise in Glasgow. At any rate, a great majority are totally unsuitable
' for home treatment." (21,564.) If this be true of the two-room houses, all the more true is it of the
one-room houses.
650. Special Ilhstrafion from Tvberculosis. — In reports prepared for the Local Government Board
on the Administrative Control of Phthisis in Glasgow many detailed illustrations are to be found of the
hopeless inadequacy of the one-room house for the domiciliary treatment of tuberculosis in any form.
From Glasgow and other parts of Scotland illustrations could be t^ken by the score. The following cases
are taken from Reports prepared by Dr Dittmar, Dr Elizabeth M'Vail, and Dr Dewar. These Reports
include a detailed description of the actual housing conditions in about 250 cases of pulmonary tuber-
culosis. The cases were taken in the order of notification, that is, in the order of pure chance. The condi-
tions, though described in 1911; may still be regarded as fairly typical of conditions still prevalent in the
one- and two-room hoiises of Glasgow.
In one case, two parents and four children, aged from 11 years to 2 weeks old, occupied a
single apartment. There were two beds, one occupied by the patient, a man of 37, the other
by the wife and family. {Reports to the Local Governmmt Board for Scotland on the Administrative
Control of Pulmonary Phthisis in Glasgow, p. 22.)
651. The series of 100 cases investigated by Dr Elizabeth M'Vail included the following : —
(a) House of one front room on fourth flat, with patient and his wife, aged 55 ; patient sleeping
in a set-in bed, wife in a chair-bed. {Ibid., p. 62.) (6) House of one front room on the second floor
of a tenement building ; four occupants — the patient, his wife and two children, aged 5 months
and 2| years ; the husband sleeping in a bed-chair, the rest of the family in a set-in bed. {Ibid.,
p. 69.) (c) Ticketed house of one small front room on top storey of tenement in a slum locality,
entered from a back court ; cubic feet 1014 ; three occupants — the patient, aged 42 ; his wife, aged 38 ;
and his daughter, aged 16. The husband and wife sleep in one bed, the daughter in a chair-bed.
{Ibid., p. 71.) {d) House of one back room on ground floor of a tenement ; six occupants — patient,
aged 42, wife and four children, aged from 4 months to 11| years; two eldest children sleeping on
a chair-bed, the other four members of the family, including patient, sleeping in a set-in bed.
{lUd., p. 74.)
652. The series of 1 00 cases investigated by Dr Dewar included the following : —
(a) House of one dirty room in a very dark and dirty tenement in bad state of repair ; patient,
aged 41 , ill for about a year, in advanced stage of illness, and confined to bed when \'isited ; died
a few days afterwards. With her lived her son, schoolboy, 13 years, " apparently sharing her bed."
{Ibid., p. 144.) (6) Female, aged 24, then in advanced illness with considerable spit ; lived in house
of one room ; in bed with husband and infant until death of the latter. The house was airy, well
lit, and clean, (7&j(if.,p. 147.) (c)Houseof one room, patient child of 1^ years ; mother died 3 weeks
before visit ; remaining family, husband and four children, threp under 10 years old, slept together.
{Ibid., p. 148.)
653. Tubercidosis Death-rate higher in One-roa>n Hcnise. — If these occurrences were exceptional,
and the numbers small, the relative importance of the one-room house would, of course, be less. But,
in the matter of tuberculosis alone, these occurrences are to be numbered by hundreds. Thus, in Glasgow
alone, on the 31st of December 1913 there were 474 cases of pulmonary phthisis under treatment in
houses of one apartment. There were nearly 1589 cases under treatment in houses of two apartments.
{Report of the Medical Officer of Health, City of Glq^ow, 1913, p. 72.) At the same time, there were in
Glasgow institutions 230 cases from houses of one apartment, 580 from houses of two apartments.
At this point we are not discussing the two-apartment house ; but, for practical purposes, a large
number of them are really one-apartment houses. But even if we confine ourselves to the one-apartment
houses strictly so called, the fact that 474 cases should be treated in them is by itself a condemnation
of the whole conception of " domiciUary treatment." But for want of adequate housing of a better
order the authorities have, for the time being, to make the best of an impossible situation.
654. One-room House as Causative Factor in Tuberculosis. — Dr Chalmers, in considering the incidence
of pulmonary tuberculosis on the one-room house population, drew attention to the house as " a very
' important factor as a cause of phthisis." The housing factor is like the index of a barometer, it is set bad
or good, but is not of itself a bad or good thing. The value lies in the use of it. He further stated : —
REPORT. 93
You have probably personal habits, you liave working efficiency, you have disease tendencies',
you have indifferent feeding, and the one-apartment house is the stage where most of these causes
are combined. (20,331.) •
He agreed that, as the overcrowding is distinctly greater in the one-apartment houses than in the two-
apartment houses, all these personal tendencies, and bad habits, and tendencies to disease are aggravated
by the overcrowding. If the people received three times the space they have, he would expect the death-
rate from phthisis to go down.
655. Dr Chalmers has shown {The House as a (Jantributory Factor in the Death-rate, p. 14) that
in 1901 the death-rate per thousand for pulmonary tuberculosis at all ages in the one-room houses was
2-4, as against 1-8 in the two-apartment houses, 1-2 in the three-apartment houses, 0-7 m the four-
ajjartment and upwards. In the years 1909-12 the corresponding figures showed a shght reduction,
being 1-76, 1-26, 0-91, 0-66. But at both dates the death-rate from phthisis in the one-room population
was distmctly higher. Probably if the figures were more closely analysed they would reveal even
more striking differences between the one-room house and the two-room houses. In this connection
it has to be remembered that a large number of the two-room houses are badly overcrowded and
structurally as defective as the one-room houses. The difference, therefore, is all the more strikingly
against the one-room house. If it can be said that with no change m anything but the space to hve in
the death-rate from this subtle and treacherous infection falls, surely the one-room house is, by its
essential nature, condemned.
656. Higher General Death-rate in One-roam House. — These conclusions receive further support from
other points in Dr Chalmers's evidence. In Glasgow, about 104,000 of the population were, at the 1911
census, found to be housed in one-room houses. On the basis of the 1901 census, the death-rate in one-
apartment houses was 33 per thousand, in two-apartment houses 21 per thousand, in three- apartment
houses 14 per thousand, in four-apartments and upwards less than 12 per thousand. These death-
rates showed a great reduction at the 1911 census. But in one-apartment houses the death-rate at
that date was stiU 25-9 per thousand, in two-apartment houses 16-5 per thousand, in three-apartment
houses 11-5 per thousand, in four-apartment houses and upwards 10-8 per thousand. In the death-
rate of the population occupying the one-apartment houses. there is thus a very marked dechne, but
relatively the one-apartment population still has a very much higher death-rate than the populations
01 the larger houses.
657. Correction of Death-rates for Age and Sex. — Here, however, it is necessary to make a more
extended analysis. Dr Chalmers, working on the details of the 1911 census, made a precise mvestigation
of the " age and sex constitution " of the one-room population. He found that m the one-apartment
houses there is a distinct excess of children from one to five years of age as compared with the mean
of the city as a whole. The one-room houses are found to be occupied principally by children mider
five and adults.
658. When, for the purpose of comparison with one another, the death-rates of the one-room, the
two-room, three-room, and four-room houses are thus corrected, it is found that the true comparable
death-rate in one-apartment houses is 20-14 per thousand, in two-apartment houses 16-83 per thousand,
in three-apartment houses 12-63 per thousand, in four-apartment houses and upwards 10-32 per thousand.
" These rates," says Dr Chalmers, " are strictly comparable, as the differences which varying age and
' sex distribution would create have been corrected." (20,158.) Even with this correction, the death-rate
of the one-room house is much larger than the death-rates of the houses of more than one room. The
general death-rate thus confirms the conclusion based on the tuberculosis death-rate. For every ten
persons that die in houses of four rooms and upwards, twenty persons die m houses of one room. The
whole of this difference is not due to the house conditions alone, but a considerable part of the difference
certauily is due to house conditions alone. This conclusion, which was illustrated by the tuberculosis
death-rate, is confirmed by the fact that in houses of two rooms the death-rate, as corrected, is such
that for every twenty persons that die in a one-room house, only sixteen die in a two-room house. As
Dr Chalmers shows elsewhere, there is a constant flow of population through the one-room house, and the
difference between the quahty of the populations of the one-room house and the two-room house is not
great enough to account for the difference in the death-rate ; part of the difference in death-rate is due
to the difference in the houses. It is not necessary to elaborate this point further. The clear result
of the analysis is that, as tested by the very gross test of the corrected death-rate, life in one room
compares very imfavourably with life in two rooms or more. For this result the general statement oi
house conditions prepared us, but the figures put the case beyond question.
659. Higher Infantile Death-rate in One-room House. — As the result of Dr Chalmers's carefully
investigated figures, it may be said that male children under one year in one-apartment houses die at
the rate of 210 per thousand hving, in two-apartment houses at the rate of 164 per thousand, in three-
apartment houses at the rate of 128 per thousand, in four-apartment houses at the rate of 103 per
thousand. This relationship, which is calculated on the basis of the 1911 census, is much the same as the
relationship between the death-rates calculated on the basis of the 1901 census. The intervals are
probably a httle less, but the relationship of death-rates is much the same. It is gratifying to find that
the death-rates based on the 1911 figures show some decline, but the relative incidence on the one-room
population mifortmiately remains practically the same. (20,169.)
660. UnsuitaMlity of One-room House for Children. — Dr Chalmers, after a full survey of the immense
mass of Glasgow facts, concluded that, in the one-room houses, a definite restriction should be made
w'ith regard to children. " I do not think the one-apartment house, as we know it, is a place for children."
(20,322.) He would admit that "one can think of a widow and daughter, for instance, hving quite
' reasonably " (20,324), but he would hke to restrict the house to exclude the child if possible from it or
reduce it to the narrowest margin.
I do not think healthy child fife is really possible in a one-apartment house. The tables show
that the death-rate at the ages one to five among male children in one-apartment houses is 40-56, in
two apartments 30-2, in three apartments 17-9, in four apartments and upwards 10-27. (20,324.)
94 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
661. What is true of the general death-rate, of the tuberculosis death-rate, and of the deaths of
infants xuider one is true also of children from one to five : in the one-room house they die in greater
numbers than in houses of larger size. For a nation that needs to conserve its population, the first
problem in housing is to prevent the one-room house from increasing the death-roll of the children. For
every ten male children that die in houses of four rooms and upwards, forty die in houses of one room.
For every forty that die in one-room houses in Glasgow, only thirty die in houses of two rooms, and eighteen
in houses of three rooms. It is relevant to say that, in this wholesale destruction of childxen from one
to five, the house is not the only factor— a comment made already in another connection ; but it is shown
by I)r Chalmers to be a real factor of undetermined magnitude. From the cold facts he adduces, it is
legitimate to conclude that, when the family passes into the one-room house, the children enter the valley
of the shadow of death.
662. Higher Death-rate from Special Diseases.— The one-room house also shows an increased disease
rate. In the article already referred to (see Paragraph 655), Dr Chahners has shown that diseases of
digestion, diseases of the nervous system, diseases of the respiratory organs, measles, whooping-cough,
diphtheria, all show a higher death-rate in the one-room houses than in the two-room or three-room or
four-room houses. To take one or two illustrations : in one-apartment houses the death-rate per 1000
from diarrhoea was 25-3, as against 19-72 for two-apartment houses, and 10-48 for three-apartment
houses. As to respiratory diseases, Dr Chalmers says : —
In relation to house incidence, the principal disease of this group — pneumonia — presents an
almost complete contrast to the groups we have been studying. At each age period almost without
exception the higher rates fall on houses of one and two apartments. It would, therefore, seem to
be a disease entirely of environment and climatic conditions, resembling in its behaviour those of
the more definitely infectious type. In infancy, the rate for the larger houses is equal to two-thirds
that of one apartment. (Page 17.)
663. Of the principal infectious diseases of childhood already named, Dr Chalmers says : —
In order to cover the age period of greatest susceptibility, I have included the ages 0 to 5, and
in them there is a definite grading in relation to house room with the exception of cerebro-spinal
fever, the house distribution of which, in the period mider review, was apparently quite erratic.
(Page 19.)
664. Other illustrations could be given, but these are enough to establish the broad general pro-
position that the incidence of all diseases due to the over-aggregation of people within a limited amount
of space is higher in the one-room houses than in the houses of more than one room. But the two-roamed
house is a close second, so close that in many cases the same criticism would apply to it.
665. Inferences from Excessive Proportion of Children in One-room House'.— The fact shown by
Dr Chalmers, that the one-room population has a relative excess of children under five justifies certain
inferences. Almost without exception, the witnesses before us are agreed that the one-room house,
if it is to be retained at all, should be retained only for old couples, or pensioners, or persons of a single
sex, or young married couples. So nearly unanimous is this view, that it may be taken as representing
the current view of the country. But it is not a very recent view. The quotations from Dr Russell show
that thirty years ago the same view was as strongly held as it is to-day, and, doubtless, it dates back
very far beyond 1888. Yet, in spite of all the social criticism so imphed, Glasgow presents us with
the extraordinary fact that the one-room house, instead of becoming the resort increasingly of old couples,
or yoimg couples without children, or persons of the same sex, has, on the contrary, become, in greater
and greater degree, the habitation of an excessive proportion of children mider five. From this it is
not difficult to infer that the selection of a one-room house is determined by forces too strong to be
controlled by any form of superintendence yet estabhshed.
666. Increased Overcrowding of Glasgow One-room Houses. — -The fact that, in Glasgow, besides bemg
occupied by an excessive proportion of young children, the one-room houses were, at the last census,
occupied by a greater number of persons per room than at the previous census, shows that the demand
for the one-room house, though much less than in 1861, was stronger in 1911 than in 1901. Thus, as
Dr Chalmers points out {Report on Census, 1911, p. 35), the number of persons in the one-room houses
was 3-196, as against 2-432 in the two-room houses. In 1901, the persons per room in the one-room
houses were 3-183. " These figures, representing the average occupancy of each size of house, are dis-
' quieting in respect that the number of persons per one-apartment house has increased." As pointed
out in the chapter on " Overcrowding," this increase is principally due to the inclusion in Glasgow during
the intercensal period of the burgh of Kinning Park, which had a larger proportion of persons housed in
single rooms than Glasgow. In Glasgow the problem of the one-room house presents two serious factors :
first, an excessive proportion of young children ; second, a tendency to increased overcrowding.
667. Floating Nature of One-room Population. — In another connection, Dr Chalmers agreed that
it was " a reasonable proposition " to say that the general drift shown to be taking place in Glasgow
from the one-room houses into the two-, three-, and four-room houses, indicates that the one-room
population is very largely a floating population, and that the identical people, when they go from the
one-room houses into larger houses, show a lower death-rate. (20,334.)
668. It may, therefore, be suggested that in cities hke Glasgow there is a steady flow of population
through the one-room houses. Partly, this population is recruited from newly-married couples taking
up house ; partly, and probably more largely, it is recruited from persons of larger family and lessened
wages seeking a cheaper house. But whether the population is recruited from the one source or from
the other, the result to this flowing population is the same, namely, that during their occupancy of the
one-room house they show a higher disease-rate and a higher death-rate ; when they pass to the larger
houses, they show a reduced disease-rate and a reduced death-rate.
669. Conclusions from Disease-rates and Death-rates. — The high incidence of death and disease among
the one-room population is a proof that, in that particular population, the conditions of hving are more
severe than in the populations more adequately housed. The house, it is admitted, is only one factor
REPORT. 96
among the agencies unfavourable to healthy hving ; but that it is a real factor cannot be denied. Even
if we assume that the one-room population is recruited to a certain extent from the less efficient members
of the commmiity, the differences between the one-room population and the two-room population are
totally insufficient to account for the enormous differences in the death-rates and disease-rates. Further,
m other locahtics, such as certain mining areas, or iron-working areas, or shipbuilding areas, where,
to all appearance, the one-room population is as vigorous and as efficient as the two- and three-room
populations, we should expect to bnd a higher incidence of death and disease in the one-room populations
than ill the others. This could be proved only by careful analysis of such large figures as Glasgow provides.
It would be difficult to adduce dehnite statistical proof for individual small groups of population. But
it may be taken as estabhshed that, wherever overcrowding of rooms is greatest, the chances of infection
are highest. This is a justifiable inference from Dr Chalmers's figures alone. The data furnished by
Dr Wilson, County Medical Officer of Lanark, like similar data in many other places, do not show a
constant concomitance between the number of one-room houses ui any particular area and the infantile
death-rate ; but if the investigation were extended to include the whole house incidence of the acute
infections and of tuberculosis, we should expect to ffiid the greater incidence following the greater
overcrowding. The mortahty of infants depends upon so many factors, that the effect of overcrowding
may readily be masked by other things ; tliat overcrowding plays a part, particularly in the one-room
populations, there can be no reasonable doubt. This general view is supported by !Sir George Newman
in his Infant Mortality, a Social Problem, pp. 183, 184. It is also supported by bir Arthur Newsholme,
K.C.B., in his Report on Infant and Child Mortality, 1910, p. 68; and in his Report on Child Mortality
at Ages 0-5 in England and Wales, 1916, p. 68.
670. This is the result we should expect from the nature of the life in one room. The generahsed
pictures pamted by Dr Russell and jNIis Laird have been abmidantly verified, not merely in the reports,
special documents, and other evidence submitted to us, but in our personal inspections of houses in
different locahties of the country. In the chapter on " Overcrowding " will be found detailed instances
showing how great the overcrowdbig is in such houses. The one-room houses vary to a considerable
extent in size and quahty, but it is rare to find a one-room house of capacity sufficient to let a famiiy
of three or four people hve even in orderly comfort. The allegation that one room is easier to keep m
order than two may be comiteied by innumerable cases where tlie one room is insufficient to accommodate
the furnishings necessary even for the simplest hfe of two people. Doubtless, as Dr Dewar pomts out
(764 (37)), there are occasions when single persons may find the keeping of two rooms more exactuig
and laborious than the keeping of one room ; but these exceptions are to be met with rather in scattered
country places than in the piied-up tenements of the cities, where practically the whole hfe has to be
hved witliin the room or in the dark interconnecting lobbies. Compared with such one-room houses,
even the " single ends " of the miners' rows have the advantage of immediate access to the outside worid.
But even with these advantages, the moment the one-room house comes to be the active focus of the
industrial energies, fittings and f urnishuigs have to be increased, the acceleration of hfe goes up, and the
result is that the keeping of order, especially where children are concerned, rapidly becomes a task too
heavy for the housewife. This is the average case. It is not sufficiently answered by the production
of exceptions, where, frequently, the one-room house is not realty the " working man's house," but
merely a residence for non-workers.
671. One-room House as marginal Product of Industrial Development. — Above we have given only
selected elements from the crude hfe of the one-room house ; but, supplemented from easily accessible
sources, they make possible a sufficient picture of the actuality. In the conditions thus merely hinted at,
some 400,000 of the Scottish people hve. In 1911 there were approximately 130,000 houses of one room.
Li each of some 26,000 of these there were three persons livhig. In nearly 20,000 the inmates were four,
m about 13,000 the inmates were five, in more than 7000 the inmates were six, in some 3500 the inmates
were seven, in some 1500 the inmates were eight. There were some 800 where the inmates exceeded
eight persons. It is true that the one-room houses vary in size and quahty. It is also true that, in
some localities, they are better kept than in others. In large numbers the occupants are of excellent
character, and are able to maintain an honourable and cleanly hfe ; but this does not touch the fact that,
in the large cities, such as Glasgow, and in other large areas of the industrial world, the one-room house
hes on the extreme maigui of industrial civihsation.
672. The facts demonstrated on such a large scale in Glasgow may be taken as applying, ui varying
degrees, to all overcrowded one-room houses — that is, to all one-room houses with more than two or at
most two and a half occupants. But this means that, from the health standpoint, the one-room house
cannot be defended. At the best, it has to be tolerated as a transitory necessity ; at the worst, it ought
to be immediately discontinued. In view of the facts from Glasgow alone, the defence of the one-room
house must henceforward rest not on allegations about its equal healthiness, but on the practical
ground that the one-room houses cannot, in any great numbers, be immediately closed without creating
admhustiative difficulties.
673. From clirect observation, as well as from a great deal of indirect evidence, we are satisfied
that, m a one-room house, it is practicaUy impossible for a housewife with a family of two or three children
to mamtain orderly comfoit, to keep clean and dirty clothing separate, to preserve the food supphes
from repeated contamination, to keep fioors and beds free from the pollutions due to children, or, generally,
to maintain the room m a fit condition to serve as a workuig-man's home. Occasionally, as the Rev.
Dr Watson points out (22,379 (8)), we have the " eternal heroism " of the slums ; but " eternal heroism "
m the slums is as rare as " eternal heroism " in other classes of society, and cannot be regarded as a
counterbalance to the oppression of the one-room environment and the excess of labour and anxiety
it normaUy imposes on the mothers and children.
674. To sum up the essential points of this analysis, it nmy be said that hfe in one room is incom-
patible with family decency ; it is incapable of affording conditions for a healthy or moral family hfe ;
it involves an overwhelming burden on the occupants ; it is marked by a higher disease-rate, a higher
general death-rate, a higher infantile death-rate, and a higher tuberculosis death-rate. When, therefore,
witnesses express theii preference for the retention of the one-room house, these are reaUy the conditions
96 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
for which preference is oxpres.secl. Nowhere is tliis clearly stated by any witness ; but nojio the less,
these are some of the reaUties connoted by the terra " one-room house." It is in the light of these
reahties as thus illustrated that we are of opinion that the minimum limit of industrial new housing
should be, with certain exceptions, for strictly limited classes and under clearly defined conditions,
a house of greater capacity than one room, and that as regards existing one-roomed houses these —
subject to "exceptions and under conditions as before — should be got rid of as soon as possible. We
shall define the exceptions and conditions, and we shall also state our view of a reasonable minimum
limit of working-class housing in our chapters on " PoUcy " and " Recommendations."
675. On the Demand for the One-room House. — This disposes of the general question as to the
sufficiency or insufficiency of the one-room house as a fit home for an active working-class family. It
remains now to consider and examine the evidence adduced to show that, in the act«al conditions of
industry, there is a demand for one-room houses, and that, for certain limited classes of person, the one-
room house, with proper conveniences, may be adequate for their requirements, and might be accepted —
for such limited classes and imder strictly defined conditions — ^as reaching a minimum standard of
habitability.
676. The one-room house, in spite of the disadvantages flowing from it, continues to be in demand.
Of this demand, the e\'idence from the iron and mining districts is considerable. Dr Wilson, Medical
Officer for Lanarkshire, states " there can be no doubt that a real demand exists for such (one-room)
' houses." (37,139.) But he quahfies this statement by the view that —
they are suitable for young married people as well as for old couples whose. famiUes have left
them—in other words, for the two extremities of married life. That is the conclusion I have formed
after most careful inquiry.
He further adds that, to meet the tendency of yomig couples " to settle down " to the one room, he would
Uke " more power than we have to compel them to move on." From Dr Wilson's standpoint, therefore,
the " legitimate " demand ought to be confined in the way stated.
677. Mr Davison, Sanitary Inspector for the Dunfermline district, also says that there is a demand
for one-room houses, but sees " no great objection to a one-room house, so long as the number of occupants
is restricted." He admits that the difficulty in restricting the number of occupants would necessitate
frequent inspection. (4684-5.) He would even go so far as to say that, in the interests of pubhc health,
the miners ought to be compelled to pay the difference in rent between the one-room house and the
two-room house. In cross-examination as to the keeping of lodgers, he said, " I think two rooms is the
' minimum for any family." (4764.) He also gave particulars of cases where the Sheriff had given a
decision against the overcrowding of two-room houses where the rooms had been sublet. In one case,
the house consisted of two rooms —
in the kitchen were the occupier, his two brothers and mother, all adults ; and the room was sublet
and occupied by a man, his wife and four children. (4818.)
678. Mr Davison's evidence also goes to show that the chief cause of the demand is the general
insufficiency in the number of houses. It may further be stated that, in his opinion, these decisions,
in the cases above referred to, had no effect in reducing the overcrowding. This also proves the existence
of a relative house famine. In the Dunfermline district the conditions for the last few years, partly
from the development of the coalfields, partly from the development of the Naval Base, have been quite
exceptional. In certain parts of the areas every class of house, from the largest to the smallest, has
suffered from overcrowding. These facts, therefore, cannot be regarded as proving the existence of a real
demand for one-room houses as such ; the demand rather is for house-room of any kind, including the
one-room house, which lies on the margin of available house accommodation.
679. Messrs Ramsay and Milligan, speaking for the Niddrie and Benhar and Arniston Coal Companies,
say they think there is a demand for one-room houses for a newly-married couple or an old couple
(19,284), and that they would recommend some single-apartment houses being built for the purpose,
and to prevent subletting by young married couples. (19,339.) Mr. Forgie, of Wm. Baird & Company,
says, " The demand for single-apartment houses is always in excess of the supply." (25,840 (71).)
Mr Mowat, Manager of the Summerlee Iron Company, says, " One-room houses are always in demand."
(25,841 (20)) ; and Mr Paul, Manager of the Lochgelly Iron Company, says, " One-room houses are much
•sought after." (26,523 (23).) Wliile Mr Hendrie, Mines Agent for the Fife Coal Company, says,
" Young married people often prefer single-room houses." (7413 (16).)
680. There is also the evidence of Mr Nichol, Builder and Contractor, Motherwell and Hamilton,
who .says that " for every two persons wanting a room and kitchen house, there will be ten wanting single-
room houses." (27,745.)
681 . In most districts, however, one-room houses have not been built of late years with the exception
of Lanarkshire. In that county, out of the 11,750 dwelhngs erected during the past fifteen years, in
the Middle Ward alone nearly 13 per cent, have been one-room houses, and in the parishes of Blantyre,
I^thwell, Dalserf, and Shotts the percentages have been as high as 18 per cent., 17 per cent., and 13 per
cent, respectively of one-room houses built. (Appendix CXVII.)
682. But it is explained that the Local Authority had closed about 600 dwellings, mainly in the
jjarishes of Shotts, BothweU, and Old Monkland, and that, apart from this fact, there had been —
an abnormal demand for houses owing to the great boom in the mining industry, which has resulted
in the reopening of numerous collieries. The coalmasters, with one or two exceptions, have not
attempted to meet the demand for houses. (Appendix CXVIII.)
It may therefore be inferred that, as in the Dunfermline district, the demand in Lanarkshire for the
one-room houses has been largely, if not entirely, the marginal demand due to the rapid concentration
of labour.
683. But other witnesses suggest that one-room houses are useful in towns where a large amount
of female labour is employed. Such houses are, they say, occupied by single women, or by two or three
REPORT. 97
girls who prefer their own house to lodgings. [E.g. Cowan, 16,485 ; Kelso, 37,987 ; Templeman,
35,836 (43).)
684. But whatever the demand in special localities may be as the result of special outbursts of
industry, the census leaves no doubt that there is a steady drift away from the one-room house towards
the two- and three-room houses. The Registrar-General says : —
The numbers of persons living in houses without windowed rooms and in houses of one room
have markedly and steadily decreased, while those living in hoiises of two rooms and more have
markedly and steadily increased. In the Report on the census of 1861, the persons enumerated
in houses without windowed rooms numbered 25,959, and they now number only 12. In that Report
802,968 persons were stated to be Uving in one-room houses, and these now number 403,092, or
50-2 persons less. {Report on the Twelfth Decennial Census of Scotland, vol. 2, p. ci.)
He further states that in 1861 the percentage of the total population enumerated in one-room houses
was 26-2, a rate that each succeeding census has shewn to be diminished ; in 1871 it fell to 23-7 ; in
1881 to 18-0, in 1891 to 14-3, in 1901 to 11-0, and by this census to 8-4. (Ibid., lac. cit.) He adds
that, although it is impossible to estimate how far those changes are attributable to alterations in the
methods of counting houses, it is
probably safe to assume that the conditions are so marked as to be indicative of a real change in
the housing conditions and not to be entirely due to altered methods of counting. (Ibid., loc. cit.)
685. For Scotland, as a whole, therefore, it cannot be maintained that the demand for one-room
houses is an increasing demand. On the contrary, it is demonstrably a decreasing demand. In other
words, the one-room house may be regarded rather as a marginal survival from a period of lower
standards than as a commodity in demand for its own sake.
686. Accordingly, the suggestion made by several witnesses that existing one-room houses should
cease to be occupied and that new one-room houses should cease to be built is, in reality, only a suggestion
that the continuous process of transit from one-room houses to houses of greater capacity should be
accelerated. The figures of the census prove that the demand for one-room houses is essentially a local
demand, arising partly from the insufficiency of houses of a better character, partly from imwillingness
or inability to pay higher rents, partly from the profitable nature of subdivided and sublet properties.
As Dr Jack, late Medical Officer of Health for Motherwell, states, —
the single-roomed habit is so marked, and the desire to spend the minimum on house accom-
modation so strong in the commmiity, that there is always a very large demand for such houses, and,
as single-roomed houses pay the landlord better than any other class of house property, the
landlord is very anxious to meet the demand, and is, naturally, commonly a rather strong advocate
of the single-roomed house.
He also stated that while he was not wholly prepared to condenm the single-roomed house on the ground
of health, he thought their occupation by any but old married couples and single persons should be
strongly discouraged. (34,183 (34-35).) Reference may also be made to the statement of Mr J. Wilson,
the Architectural Inspector of the Local Government Board, that in Lanarkshire the building of certain
one-room houses had created an artificial demand for the provision of more. (Ibid., 4013.)
687. Such witnesses as defend the one-room house defend it almost entirely on the ground of economic
necessity. It is suitable, they say, for the old couple, the newly-married couple, the poor widow, and
so on — all cases where. the income is insufficient, having regard to the other demands on it, to rent a house
of larger size. The majority of the witnesses agree that, from the standpoint of domestic decency and
social behaviour, the one-room house — except imder the severe limitations indicated — is fundamentally
indefensible. If this be so, we are confronted with the problem either of tolerating the one-room house
simply on the ground of immediate economic necessity, or of discovering some method by which a more
adequate house can be provided on terms within the economic reach of aU householders. In the actual
realisation of the housing programme hereafter proposed, we recognise that the disappearance of the
one-room house must be gradual, and must be modified by practical considerations ; but, in the evidence
before us, we have failed to discover any reason for recommending that the one-room house shall
continue to be considered a fit habitation for a family. In our opinion, every Local Authority ought,
in its housing programme, to aim at the systematic reduction in the proportion of the one-room houses
in their district.
688. It may here be added that the advocates for continuing the existing one-room houses and for
building more of such houses agree that no one-room house can be considered fit for occupation unless
it is provided with proper sanitary conveniences, and proper accommodation for storage, for scullery
work, and for washing. For a large number of the one-room houses, these qualifications amount to
abandonment of the case, for even the profitable rents of the one-room houses will be foimd unequal
to the provision ofxhe accommodation suggested.
689. We feel boimd to comment upon a portion of the dissent (from our views on the one-room
house) by the Minority, as set forth towards the end of their Chapter V.
690. Alleged Want of Desire for Better Housing. — The Minority maintain that there is evidence of a
" want of desire for a better house, which is the accompaniment of a low standard of comfort and is con-
firmed by the habits of a lifetime." We are not concerned to dispute this allegation ; but we suggest that,
where such want of desire is to be found, it is due, in large measure, to the depressing and discouraging
efEect of defective housing or to the want of knowledge or want of experience of better conditions. But
against any argument based on a " want of desire for a better house " is to be set the fact that the
Commission itself came into existence as the result of widespread discontent with the housing conditions
of to-day. The discontent we have found to pervade every section of the working classes. That custom
should blunt the sensitiveness of many people to defective houses and to the disgusting filthiness prevalent
in many of the areas visited is itself a striking condemnation of the present housing conditions. We do
7
$8 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
not attribute " faults in the occupancy of houses almost entirely to theii- defective structure and position " ;
but we do emphatically hold that the survey made by us has revealed masses of houses so defective
in structure that no amoimt of care among occupants could counteract the discomfort and insani-
tation. In particular, this is true of large numbers of houses in the cities, in the mining areas, in the agri-
cultural areas, and in the islands.
691. The One-room House as a Causative Factor in Tuberculosis. — The Minority state : " In our
' opinion, the facts adduced in the evidence are not sufficient to found upon in order to establish such
' a direct causative relation as is insisted upon by our colleagues." The facts referred to are the careful
quantities educed by Dr Chalmers from an analysis of the conditions affecting tuberculosis in Glasgow.
Even if these facts stood alone, they would form a powerful indictment of the one-roomed house, or,
more generally, the overcrowded room, as a factor in the causation of tuberculosis. Under the term
" causation of tuberculosis " we include all the conditions that favour the spreading of tuberculosis from
one infective person to another. Among these conditions, the one-room house, as a type of the over-
crowded living room, is iindoubtedly a factor. In coming to this conclusion, Dr Chalmers has the support
not only of his predecessor, Dr Russell, but of Sir Shirley Murphy, Sir Arthur Newsholme, K.C.B., and
many other investigators. In his book on the Prevention of Tuberculosis, Sir Arthur Newsholme, after
a survey of the causes of tuberculosis and the relation of tuberculosis to housing and insanitation generaUy,
concludes : " Whatever be the interpretation put upon these experiments, there can be no difference
' of opinion as to the ill-effects of overcrowding, defective light and air, absence of thorough ventilation, and
' stiU more of domestic uncleanliness in favouring the occurrence and spread of tuberculosis. Probably
' these factors operate chiefly by facilitating the spread of infection ; but it is possible that they also tend
' to devitahse the occupants of such houses and render them more ready victims of infection." (Page
193.) Again he says : "It (domestic overcrowding) undoubtedly plays a very large share in the pro-
' duction of tuberculosis ; and to this factor more than to any other attention is required, if the decline
' in the death-rate from tuberculosis is to be made more rapid than at present." (Page 192.) These
conclusions find abundant support in the staggering series of cases described in detail in the reports
made to the Local Government Board for Scotland on the Administrative Control of Pulmonary Phthisis
in Glasgow, 1911. It is at once admitted, by no one more readily than by Sir Arthur Newsholme (ibid.,
pp. 146 to 149), that the relation between tuberculosis and overcrowding of rooms is complicated and diffi-
cult of proof. But, as Dr Chalmers says, " The one-apartment house is the stage where most of those
' causes are combined," namely, personal habits, working inefficiency, disease tendencies, indifferent
feeding.
892. His general argument, however, cuts deeper, for he gives reasons for believing that there is
a constant flow of population through the one-room house from and to the houses of greater capacity.
Nevertheless, the de^th-rates in the one-room house are uniformly higher. In other words, a population
largely identical in its units suffers most when it is housed in the most overcrowded conditions. Of
this argument, the Minority in their criticisms take no account. We quite recognise that occupation,
personal history, etc. , all play a part in causation of pulmonary tuberculosis, and that "It would be interest-
' ing to discover and to make a tabulation of the cases of insanity, epilepsy, and imbecihty in relation to
' the size of house in which the patient has been living." But such investigations, whether the result were
positive or negative, would leave untouched the main case against the one-room house ; for this case
depends on no single factor, but on the cumulative effect of the whole argument.
693. The Minority suggest that before the overcrowded one-room house could be regarded as a factor
in the spread of tuberculosis it would be necessary to ascertain whether the physically and mentally
inferior stocks gravitate towards those houses. They obviously take no account of the fact that recent
evidence makes it highly probable that the great mass of the adult population — probably in some communi-
ties as much as 80 per cent, or 90 per cent.^ — suffer, or have at some period of their lives suffered, from
some form of tuberculosis. But if this be true — and there are strong reasons for believing it true- —
the conditions in which persons live become all the more important as a factor in reducing the vital
resistance of the individuals exposed to infection or already infected. We are satisfied that the conditions
described in the one-room house definitely tend to reduce the vitahty of the inmates young and old, and
to increase to an \mascertained degree the danger of infection.
On the question of low wages in relation to one-room houses, we would point out that one-room houses
are common in the mining and iron districts where the stocks are neither mentally nor physicall}^ inferior
and where the wages are high. No carefully compiled statistics of the house incidence of pulmonary
tuberculosis are available at the moment for workers in those districts or their families ; but there is no
groimd for assuming that overcrowding will not have the same effects as in other occupations, allowance
being made for the selective effect of the occupations of heavier strain.
694. The Minority agree that a one-room house " is not a suitable place in which to treat a tubercular
' patient." But if the conditions of the house are not a causative factor in the spread of tuberculosis, and
do not aggravate the condition of the patient, we cannot understand upon what grounds the Mmority
suggest removal of the patient. Apparently they do not consider that in an overcrowded one-room house
a patient suffering from advanced pulmonary tuberculosis has a vastly greater n^jnber of chances of
infecting the other inmates than if he hved in less crowded conditions, but they do consider that the one-
room house aggravates the patient's conditions.''
695. They regard the house as a " causative factor " in aggravating the patient's ilbiess, but not
in predisposing him to it, or in spreading this acutely infectious disease among the other susceptible
persons in the same room or bed. In other words, to maintain that the overcrowded one-room house
is not a causative factor in the spread of pulmonary tuberculosis, but is nevertheless xmsuitable for the
treatment of a patient, is not a convincing argument.
696. Other Death-rates and Disease-rates. — The Minority, as they make only a general statement
about the " causative factor," must be presumed to take practically the same view of the other death-
rates and disease-rates summarised by us in this chapter. But the only reason they adduce for their
dissent is, that the relationship between infantile and other death-rates and the size of house is not a direct
relation. But they give no explanation of the extraordinary difference between the death- and disease-
REPORT. 99
rates in the one-room house and the death- and disease-rates in the houses of a greater capacity. The
only approach to such an explanation is the statement regarding the high birth-rate in the one-room houses
in the West of Scotland. They do not state whether they consider that the relatively high birth-rates in
mining towns like Hamilton and Motherwell, or iron towns hke Coatbridge, are found among the physically
and mentally " inferior " persons that, in their view, may drift towards the " cheaper and dirtier houses " ;
but they regard the facts as " remarkable and disquieting social facts." On what grounds they consider
the facts disquieting they do not indicate. Apparently, the only disquieting fact is that so many births
take place in one-room houses. They " agree in considering that . . . from every point of view it
* is most undesirable that children should grow up in them." Obviously, therefore, in their view, the
question whether the one-room house is a cause of the high birth-rate or not is quite irrelevant to the
argument against the one-room house. But apparently they reject the view that measles, whooping-cough,
diphtheria, pneumonia, bronchitis, and the other diseases referred to in Dr Chalmers's figures, depend for
their spread, their virulence, and their fatahty in some degree on overcrowding. In the view of the
Minority, these diseases are all — ^as the birth-rate is alleged by them to be — merely concomitant with,
but not either caused or increased by, overcrowding. These are legitimate, if extraordinary, inferences
from the somewhat vague statements put forward by the Minority. £1 common with public health experts
all over the world, we accept the view that overcrowding of rooms multiplies the chances of infection
to an unknown degree. If this be so, then the question whether the overcrowding in the one-room house
is to be called a " causative factor " of infection, or merely a concomitant, reduces itself to a purely verbal
difEerence.
697. Family Decency. — ^The Minority do not agree with our statement that " hfe in a one-room house
' is incompatible with family decency." This statement by us must be read in the hght of our whole
argument. As the Minority admit that " from every point of view it is most undesirable that children
' should grow up in them," and yet at the same time cast doubt over the efEect of overcrowding on the
spread of disease, they presumably consider that the inevitable indecency of hfe in one room is the main
groimd for regarding it as midesirable for children. Otherwise it is difficult to see why they restrict
the ages of children to seven, and even that hesitatingly. Further, they agree with us that the one-room
house should be severely restricted to certain types of occupant — old-age pensioners, sisters, or on occa-
sions to young couples beginning life. It is difficult to see why on this point they cannot accept our
carefully guarded statement, which is essentially the same as their own.
698. It is well here to emphasise the fact that, at the 1911 census, approximately 233,000 persons
were hving in one-room houses at the rate of more than three persons per room. Of this large total,
153,667 were hving at the rate of more than four persons per room. The number of one-room houses
occupied at the rate of more than four persons per room was 26,133. With a population of 153,667,
this number of houses yields an average of 5-8 persons per one-room house. This figure shows that at
least in the houses each occupied by more than four persons the restriction suggested by us could not
be largely honoured. Even when the occupants do not exceed four, it cannot be assumed that on the
average they consist of father, mother, and children under seven. Accordingly, if the restrictions sug-
gested by the Minority are rigidly enforced, a mass of people numbering from 150,000 to 200,000 would
have to be displaced from the one-room houses, and this without having regard to any fact except
overcrowding. If the number of one-room houses unfit for occupation on other grounds is added, the
number to be dishoused would be very much greater.
699. In view of these facts, we have difficulty in understanding on what grounds the Minority dissent
from the policy suggested by us in regard to the one-room house. Indeed, they agree with this policy,
for they state : " The restriction of the one-room house to what we believe to be its legitimate use would
' involve the dishousing of a very large number of its present inhabitants. This is a process which we desire
' to see carried out with all possible speed ; but there can be no gain, and there may be considerable danger,
' in pressing a policy of restriction ahead of the complementary and far more important task of reconstruc
' tion." As we have made no such extraordinary suggestion as proposing to press restriction ahead of
reconstruction, we cannot regard this statement by the Minority as a legitimate reason for a dissent, or
a relevant element in that dissent.
700. Nature of the Demand for the One-room House. — The difference between us and our colleagues
in the Minority here is essentially verbal. Whether the term " marginal demand " is to be interpreted
"as a demand due to the extreme lack of houses," or a demand due to the fact that the one-room house
enables a man " to spend less on rent than if he occupied a larger dwelling," is quite immaterial. The
term may fairly be used in both senses, but in this connection the main point in our argument is that, in
the broad drift of housing improvement, the demand for one-room houses in Scotland as a whole is growing
steadily less, and that such demand as persists in special places is due to the fact that better houses are
not available at the money. We do consider that where a demand for one-room houses persists, this
demand is not due to the preference for a one-room house as the better physical dwelling-house ; it is
simply due to cheapness. As the Minority agree with this, we cannot understand their grounds for not
accepting our expression of the fact.
701. Mortuary Accommodation. — Among the elements constituting the indecency of family life in a
one-room house, we comment on the use of the one room for the retention of the dead. To meet this,
the Minority suggest an increase of mortuary accommodation both for the one-room house and houses
of greater capacity. Already under the Pubhc Health Act the Local Authority has full powers for
deaUng with any nuisance arising from the retention of dead bodies in houses. But even the relief granted
by the suggested provision of increased mortuary accommodation would affect very slightly the major
indictment against the one-room house. We cannot regard the suggestion as important in the movement
for housing reform. Of the inevitable interference with religious customs of immemorial antiquity we
prefer to say nothing, except that the provision of mortuary accommodation would tend to increase the
inspection of the over-inspected poor. We prefer the method of seeing that the poor are provided with
houses that will permit them to live the common life with decency and decorum.
702. The Minority take no exception to our view of the unsuitability of the one-room house for serv-
ing as a lying-in chamber or a sick-room. On these points they presumably agree with us.
100 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
703. Condusion. — In the arguments adduced by the Minority, we have failed to discover any adequate
reply to our total argument. On the contrary, we find that the dissent confines itself to two or three points,
some of which do not affect the main issue, and that, in spite of a few minor differences in detail, they
urge the same policy as that indicated by us, namely, that the process of dishousing large numbers of
inhabitants should be carried out " with all possible speed."
CHAPTER XII.
OVERCROWDING.
Introductory.
704. In this chapter we propose to deal more especially with the question of overcrowding as existing
in the seven large towns. These being the chief industrial centres, this evil is rampant in them. But it
is not by any means confined to these towns, and accordingly in addition to reviewing the position as
affecting the seven large towns, we shall refer to the question of overcrowding in some of the other burghs.
In the chapters on Housing of Miners, Rural Workers, and Crofters, reference is made to overcrowding
among these workers.
705. To a large extent this chapter must necessarily be devoted to statistical evidence, and it is true
that statistics on this subject of overcrowding- — statistics which we give not only in this chapter but in
the previous chapter (XL) on the " One-room House"- — cannot convey a living picture of the actual
conditions under which people live in overcrowded houses. They put beyond doubt, however, the value
and weight of the evidence adduced to show what these conditions are. Both statistical and factual
evidence are necessary to give a fair perception of the living conditions of a great proportion of the workers
and their families. This was well brought out by the late Dr. Russell, Medical Of&cer for Glasgow—
than whom no one had a more intimate knowledge of the conditions of life in the overcrowded parts of
the great city of Glasgow — and we cannot do better at the opening of this chapter than quote- — as we do
■ — ^a passage from the lecture already referred to in Chapter XL Dealing with the question, Dr Russell
gives careful statistics, and then says : —
Figures are beyond the reach of sentiment, and if they are sensational, it is only because of
their terrible, undisguised truthfulness. You must not think of the inmates of those small houses
as families in the ordinary sense of the term. No less than 14 per cent, of the one-roomed houses
and 27 per cent, of the two-roomed contain lodgers*^ — strange men and women mixed up with husbands
and wives and children, within the four walls of small rooms. Nor must I permit you in noting
down the tame average of fully three inmates in each of these one-apartment houses to remain
ignorant of the fact that there are thousands of these houses which contain five, six, and seven inmates,
and hundreds which are inhabited by from eight up even to thirteen. Percentages, though an accu-
rate, are but a feeble mode of expression for such facts regarding men and women like ourselves.
I have told you that in 1881 the population of Glasgow was 511,520 persons, and that of those
25 percent, lived in one-room, and 45 per cent, in two-roomed houses. But what does that mean ?
It means that 126,000 persons live in those one-roomed and 228,000 in those two-roomed houses. f
But is that all I can say ? I might throw down that statement before you, and ask you to imagine
yourselves, with all your appetites and passions, your bodily necessities and functicns, your feelings
of modesty, your sense of propriety, your births, your sicknesses, your deaths, your children — in
short, your lives in the whole round of their relationships with the seen and the unseen, suddenly
shrivelled and shrimk into such conditions of space. I might ask you, I do ask you, to consider and
honestly confess what would be the result to you. But I would fain do more. Generalities are so
feeble. Yet how can I speak to you decently of details ? Where can I find language in which to
clothe the facts of these poor people's lives and yet be tolerable ?
706. We propose to consider the subject of overcrowding in the seven large towns under two heads :
first, the overcrowding of houses and people on the site ; and second, the overcrowding of persons in the
houses.
Site Overcrowding.
707. So far as this matter is concerned, descriptions are given in other portions of this Report shewing
the congestion that exists in many parts of our larger towns whereby houses are crammed together on
almost every available yard of ground, with the result that the houses, being without any open space
surrounding them, are badly lit and imperfectly ventilated, while the provision of playgroimds or recreation
grounds or gardens adjacent to the houses is absolutely impossible. The public street with all its atten-
dant dangers to young life or a narrow dirty back court often forms the only space where the children
can spend their play -hours. This overcrowding is more particularly in evidence in those towns where
the tenement and " back land " system largely prevails.
708. It is therefore unnecessary here to repeat descriptions of site overcrowding, but it may be of
interest to give a short statistical survey of the overcrowding. Figures are often quoted comparing the
density of persons per acre of one town with another, but in many cases these figures, taken by themselves,
are of no real value as indicating the extent of site overcrowding. For instance, the density of persons
per acre is stated, according to the 1911 census, to be :■ —
61 -9 in Glasgow,
34-2 „ Dundee,
29-4 „ Edinburgh, and
25-9 ,, Aberdeen.
* Corresponding figures are not available in the 1911 census.
t The corresponding figures for 1911 are given later. See Paragraph 726.
REPORT. ',.... j^^
Assuming the average number of inmates per Ijouse as four, we find that the number of houses per acre in
these four large towns is, roughly speaking, 15,8, 7, and 6 respectively, indicating that these cities are models
of town planning so far as the number of houses per acre is concerned ! Needless to say, the real state
of matters is far otherwise. To any one who knows the conditions in some parts of Edinburgh, the low
figure given above is obviously a misleading one. It is arrived at by including in the acreage all the
public parts in the city. If the chief parks and open spaces — which in Edinburgh are exceptionally
large in area, representing approximately 5149 acres out of a total area within the city boundary of 11,416
acres — are excluded, the density of population per acre is increased to 51. (Eunson, 17,947a (5);
Young, 40,434 (7).) No doubt the same state of matters would be found to exist— though perhaps not
to the same extent — -in the other large towns. Accordingly a discussion of the density rates of the larger
towns on the basis of the figures as shewn in the census returns would not be of much service.
709. The more reliable course appears to be to delimit the more overcrowded areas in these towns
and to ascertain the extent of overcrowding in such delimited areas. This has been done as regards
Edinburgh by the Medical Officer of Health, who in his Report for 1913 gives a series of ring photographs
of certain portions of the more crowded wards of the city covering a radius in each case of approximately
300 yards with a population of 134, 137, and 343 persons per acre. In certain wards of the city occupied
almost entirely by the working classes the rates are high, rising in cases from 94 to 231 persons per acre
(open spaces being included in the calculation arriving at this result). (Eunson, 17,947a (5).) The witness
who gave this information added that in the more congested parts of the wards the density was very much
higher, and that even in the newer districts of the city the density rises to upwards of 350 persons to the
acre. (ZW., 17,947a (6).)
710. But if even smaller areas in the densely populated districts of the city be taken, the number
of persons per acre rises enormously. For instance, the Medical Officer of Health of the City furnishes
a table which shows that in certain of these areas the congestion is so great that the number of persons
per acre works out at as high as 662, 650, 574, and 544. (Maxwell Williamson, 5539 (35).)
711. The Sanitary Inspector of Glasgow furnishes information as regards specially congested areas
in that city in which, judged by the number of houses per acre, and reckoning each house as containing
on the average four inmates, the number of persons is as high as 472, 620, and 700 per acre. (Fyfe, 19,870
(14).) Similar figures for Dundee are 314, 377, 556, and 664 persons per acre. (Templeman, 35,836 (25).)
When these figures are contrasted with the fifty or sixty persons per acre probably accommodated under
town-planning conditions, the extent to which the people are packed together in the older and often—
as in Edinburgh — even in the modern portions of our large towns will be better appreciated. In Aberdeen
the conditions are much better than those in Glasgow, Edinburgh, and Dundee. In the three cities last
named the working-class districts have apparently grown up with little or no plan, and with little control.
In Aberdeen the development of the city has, to a certain extent, been foreseen, and the streets have been
planned accordingly. Further, the tenement house in Aberdeen differs from that in the other cities
named in that it is of less height, and there is more space between the tenements. According to informa-
tion supplied by Dr Matthew Hay, the Medical Officer of Health of the City, there are only two wards
where the number of persons per acre exceeds 100, the figures being 123 and 139 per acre. It may be of
course that were special portions of these two wards taken the rate per acre might be higher, but in any
case it seems that the congestion in Aberdeen is not so great as it is in Glasgow, Edinburgh, and Dundee.
712. So far as the remaining three of the seven large towns are concerned, the 1911 census returns
show that the density of persons per acre is as follows : Paisley 24-2, Leith 53-1, and Greenock 27-3.
As in the case of the four large cities, these figures are no real index of the congestion that exists. This is
shewn by the figures supplied by Mr Walker Smith in the case of the Burgh of Greenock. In three areas
investigated by him in that burgh, covering -86, -63, and -56 of an acre respectively, the density of popu-
lation per acre worked out in these areas at 426, 717, and 341. (41,557 (21).) No doubt if similar investi-
gation were made in Paisley and Leith, serious congestion would be found to exist, entailing in certain
areas a very large increase in the density figures shewn in the census returns.
713. That the overcrowding of houses on the site is by no means confined to these large towns is
shewn by some figures applicable to two towns with widely varying characteristics. In a report presented
in October 1914 to the Town Council of Coatbridge by their Housing, Town Planning, etc.. Committee,
it is stated that one property in the burgh occupied a feu of slightly over half an acre, and contained
65 houses and 5 shops, representing (at 5 persons to each house on an average) practically a population
of 650 persons to the acre. In another case, the density of persons per acre was 635. The other burgh
is that of Inverness, where, according to a pamphlet, entitled " The Houses of the People," published by
Bailie Macewan, there are portions of the burgh so congested with houses as to represent a population
of from 238 persons to the acre up to as high as 747 and 816 persons per acre.
714. In other portions of this Report we make suggestions for the prevention of a repetition of the
conditions that have permitted such gross overbuilding to take place, and also for diminishing as far as
practicable the existing overcrowding of houses on the sites. (See Chapter VIII.)
Overcrowding in Houses.
715. We do not propose to deal imder this head with the causes of overcrowding. These in a sense
constitute the housing problem, and are discussed in various portions of this Report. They include
such matters as the sufficiency of houses provided, the nature of the accommodation, the rents charged,
the ability or otherwise of the worker to pay the rent asked, the habits and customs of the people, the
subletting of houses, the control of overcrowding exercised by Local Authorities, etc. etc. In this chapter
we shall confine ourselves to a statistical and descriptive survey of the overcrowding as it is shewn by
evidence to exist, and to certain recommendations for fixing a standard whereby it may easily be deter-
mined for administrative purposes whether or not overcrowding exists.
716. In an earlier chapter of this Report we have referred to the predominance in Scotland of the one-
and two-room house, 129,731 houses (or 12*8 per cent, of the total number of houses) being of one room,
and 409,355 houses (or 40-4 per cent, of the total number) being of two rooms ; thus 539,086 houses
102
"ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(or 53-2 per cent, of the total number of houses) are of one and two rooms. Similarly of the total popula-
tion of Scotland, 399,876 (or 8-4 per cent.) live in houses of one room, 1,881,529 (or 39-5 per cent.) live in
houses of two rooms. Thus 2,281,405, or nearly half of the population of Scotland (47-9 per cent.), live
in houses of one and two rooms. It is instructive to compare these percentages with the corresponding
percentages in the English census returns for 1911, which show that in England only 3-2 per cent, of the
total number of houses are of one room, and 8-3 per cent, of two rooms. Here we are dealing only with
the number of rooms ; for relative size of Scottish and English rooms see Chapter VII., Paragraphs 357
to 364. Thus in England only 11-5 per cent, of the total number of houses are of one and two rooms, as
compared with 53-2 per cent, in Scotland. As regards the distribution of the population in one- and two-
room houses in England, only 1-3 per cent, of the population live in houses of one room, and 5-8 per cent,
in houses of two rooms, a total percentage of 7-1 of the population which live in houses of one and two rooms
as compared with 47-9 per cent, in Scotland. As regards houses of three rooms in England, they form
13-8 per cent, of the total number of houses, and 12-3 per cent, of the population live in them.
717. It is in the houses of one and two rooms that overcrowding in Scotland is chiefly found. The
figures given above apply to the census of 1911. (See Tables XLVI. and XL VII. in vol. ii. of Scottish
Census.) The corresponding statistics for Scotland for the two previous censuses are shown in the follow-
ing table :• —
Year.
Percentage of Total Number of Houses
in Scotland of Size
Percentage of Total Population of
Scotland living in Houses of
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
1891 .
1901 .
1911 .
22-1
17-6
12-8
391
39-9
40-4
16-4
18-5
30-3
14-3
11-0
8-4
39-4
39-5
39-5
17-9
19-9
21- 1
718. It will be noted from the table that there has apparently been a very considerable reduction
of one-roomed houses since the census of 1901. The Registrar-General explains, however, that, owing
to a change in the procedure adopted in tabulating the census returns whereby, difiering from the
procedure imder the 1901 and previous censuses, the room occupied by a lodger is reckoned as part of
the entire house and not as formerly as a separate house, the undoubted result is a return of fewer one-
roomed houses and of an increased number of houses of more than one room. Accordingly accurate
comparison between the 1911 and the former censuses as regards the number of houses of one or more rooms
cannot be made.
719. The following table shows the percentage of the population of Scotland as at the last three
censuses living more than two in a room, more than three in a room, and more than four in a room, and
thus gives a general idea of the overcrowding that prevails :—
Year.
Percentage of Total Population living
more than
Two in a
Room.
Three in a
Room.
Four in a
Room.
1891 ....
1901 ....
1911 ....
48-2
45-7
45-1
25-3
22-9
21-9
11-3
9-6
8-6
720. In considering the above table, it should however be repeated (see Chapter V.) that there is
no standard in the law of Scotland for the measurement of overcrowding apart from that for ticketed
houses and for houses let in lodgings, farmed-out houses, and common lodging-houses. In the same
chapter it is pointed out that the standard of overcrowding which is adopted in the English census of more
than two persons per room is not applicable in ScoJ;land as a means of reckoning general overcrowding.
But, as will have been seen from Chapter III., we'have for the purpose of arriving at an estimate of the
housing shortage adopted a standard whereby overcrowding is held to exist where there are more than
three persons per room. According to this standard the census returns show that in 1911 over a million
people (1,005,991) in Scotland, or almost a quarter of the total population, were living in overcrowded
conditions. But even this standard, or a fixed standard on the basis of a certain amount of cubic space
per person, while perhaps satisfactory from the purely health point of view, cannot be regarded as
satisfactory from the domestic standpoint, having regard to the age and sex of the occupants. If a
moment's thought is given to what three persons per room means in the working-class houses, with their
paucity of sanitary conveniences, their absence of sculleries, their want of cupboard and press accommo-
dation for storage of food, clothes, etc., their want of coalhouses and washbouses, it will be seen that
far from being too high a standard, the standard of more than three persons per room as an index of
REPORT.
103
overcrowding errs rather in being on the low side. We will discuss at the end of this chapter (Paragraph 10
et seq.) the question of a standard of overcrowding, and the point is merely mentioned here.
721. With these preliminary observations we proceed to a survey of overcrowding in the seven
large towns, viz. Edinburgh, Glasgow, Dundee, Aberdeen, Paisley, Leith, and Greenock.
Edinburgh.
722. The following information taken from the census returns for 1911 shows the number of one-,
two-, and three-roomed houses in Edinburgh, and the percentage of such houses to the total number of
houses in the city at the date of the 1911 census : — •
Total Number
of Houses in
City.
Number of Houses t)f
Percentage of Total Number of
Houses having
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
69,762
6,588
21,927
15,291
9-5
314
21-9
This table shows that, of the total number of houses in the city at the date of the 1911 census, no
fewer than 28,515, or 40-9 per cent.f were of one and two rooms.
723. The following table shows the distribution of the population in houses of one, two, and three
rooms in 1911 :■ —
Total
Population living in Houses of
Percentage of Total Population living
in Houses of
Population.
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
305,881
17,854
94,529
69,598
5-8
30-9
22-8
This table shows that at the date of the 1911 census 181,981 persons, or nearly 60 per cent, of the
total population, were living in houses of three rooms and under, and that 112,383 persons, or 36-7 per
cent, of the total population, were living in houses of one and two rooms.
724. We have referred to the methods of estimating general overcrowding according to the number
of persons per room. The following table shows the figures for Edinburgh in 1911 :—
Total Number of Persons living
more than
Percentage of Total Population living
more than
Two in a
Room.
Three in a
Room.
Four in a
Room.
Two in a
Room.
Three in a
Room.
Four in a
Room.
99,773
38,851
12,402
32-6
12-7
4-1
This table shows that according to a standard which regards as overcrowded any room containing more
than three persons — a standard which we think cannot be regarded as an unduly high one — there are
nearly 39,000 people in Edinburgh living in overcrowded conditions.
725. Our evidence, while showing that overcrowding does exist in individual houses in Edinburgh,
contains no detailed account of specific instances of overcrowding. One witness, however, from
Edinburgh gives the following two instances of overcrowding that were within his own knowledge : — -In
one house consisting oi a room and kitchen there were fourteen occupants. In another case a father
and mother, a grown-up son and daughter, and three younger children occupied a tenement house
of a room and a kitchen, while at the time of witness's visit another child lay dead in the room of the
house. (Lome Campbell, 19,457 (19).) We have no doubt that conditions similar to those existing
in the other large towns next described can also be found in Edinburgh.
Glasgow.
726. Instead of preparing from the census similar tables for Glasgow to those set out above for
Edinburgh as regards the number of houses of one, two, and three rooms, and the number of persons living
in such houses, we give some tables from a special summary of the Glasgow census returns prepared
104
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
by the Medical Officer of Health, Dr Chalmers. The first table shows the number of houses of one, two,
and three, etc., rooms, and the population occupying these houses, in 1911. It is as follows : —
Glasgow,
Inhabited
Houses.
Population.
Persons
Census 1911.
Per House.
Per Room.
One room ....
Two rooms
Three rooms
Four rooms
Five rooms and upwards .
32,742
75,-536
30,775
10,817
13,194
104,641
367,341
160,083
54,238
73,311
3-196
4-863
5-202
5-014
5-556
3-196
2-432
1-734
1-254
0-761
163,064
759,614
4-658
1-827
From this table it will be seen that there are over 32,000 one-room houses in Glasgow, and that over
100,000 of the population are accommodated in such houses, also that there are over 108,000 one- and
two-room houses in which over 470,000 people dwell.
727. The second table shows the number of inhabitants per rotim in houses of various sizes in the
years 1891, 1901, and 1911 :—
Size of House.
1891,
Old City.
1891,
Extended City.
1901.
1911.
All sizes ....
2-033
1-865
1-846
1-827
One room ....
3-232
3-257
3-183
3-196
Two rooms ....
2-475
2-489
2-463
. 2-432
Three rooms
1-839
1-827
1-803
1-734
Four rooms
1-407
1-363
1-332
1-254
Five rooms and upwards .
0-882
0-801
0-787
0-761
The latter table shows that except in the one-apartment houses a decrease in the number of
inhabitants per room has been recorded since the 1901 census. The increase in the number of inhabitants
per one-room house, as shown by the 1911 census over the 1901 returns, is however principally due to the
fact that in the period between the two censuses the burgh of Kinning Park was absorbed in Glasgow,
and that burgh had a much larger proportion of its population housed in single rooms than the city itself,
the percentage being 22 as against 14 for the city. (Dr. Chalmers's Report on Glasgow Census.)
728. The following further table prepared by Dr. Chalmers shows the percentage of houses of different
sizes and the percentage of the population occupying each class of house :—
Percentage of House
s
Percentage of Population
of different Size.
occupying
each Class.
Sizes of Houses.
1891.
1891.*
1901.
1911.
1891. 1891.*
1901.
1911.
One room
26-4
24-8
21-1
20-1
18-1
16-9
14-1
13-8
Two rooms
45-3
44-3
45-6
46-3
47-5
46-2
47-1
48-4
Three rooms .
16-9
16-8
18-1
18-9
19-7
19-2
20-5
21-1
Four rooms
6-1
6-6
7-0
6-6
7-2
7-6
7-9
7-1
Five rooms and upwards .
5-4
7-5
8-3
8-1
7-6
10-1
10-6
9-7
* Ext^ded aty.
As will be seen, columns have been added in the table to show the changes which were effected in the
1891 census figures by the extension oi the city in November 1891.
This table shows that in 1911 over 62 per cent, of the total population of Glasgow were living in
houses of one and two rooms, compared with 36-7 per cent, in Edinburgh, 63-1 per cent, in Dundee,
38-6 per cent, in Aberdeen, and 47-9 per cent, in all Scotland. The table also shows that 66-4 per cent,
of the houses are of one and two rooms, compared with 41-5 per cent, in Edinburgh, 69-9 per cent, in
Dundee, 46-6 per cent, in Aberdeen, and 53-2 per cent, in all Scotland. The outstanding features of the
table, says Dr. Chalmers in his special report on the Glasgow census, are the continuous diminution
over several decades of the proportion of the single-apartment population and the steady concentration
REPORT.
105
in houses of two and three apartments. He also explains that the greater decrease in single apartments
between 1891 and 1901 compared with 1901 and 1911 is accounted for by the clearance during the former
period of considerable areas scheduled under the City Improvements Act of 1897.
729. The following table, to correspond with that already given for Edinburgh, shows the number
and percentage of persons as at the 1911 census living more than two in a room, more than three in a room,
and more than four in a room, and gives a general idea of the overcrowding that exists :—
Total Number of Persons living
more than
Percentage of Total Population living
more than
Two in a
Room.
Three in a
Room.
Four in a
Room.
Two in a
Room.
Three in a
Room.
Four in a
Room.
420,188
210,270
80,954
55-7
27-9
10-7
According to the three persons per room standard already mentioned, this table shows that over 200,000
people in Glasgow are living in overcrowded conditions.
730. As we have just said, this table gives a general idea of the overcrowding that exists, but, as
such statistics do not convey any clear indication of the actual overcrowding, we now submit some details
of actual cases that have been brought to our notice.
731. There are two types of overcrowding which may be referred to, one which may be termed
" domestic overcrowding," where the requisite amount of cubic space is available, but where there are
not rooms sufficient to secure adequate separation of the sexes or reasonable working room for the
housewife. The second type we may term " statutory overcrowding," where the cubic space per person
is deficient. In the former type, so long as the necessary amount of cubic space is provided, the law
takes no cognisance of the sex or age of the occupants. A large family of growing boys and girls may
with their parents be accommodated in two rooms, and the Local Authority cannot object so long as there
is sufficient cubic capacity. The Medical Officer of Health, Dr Chalmers, gives several examples of this
form of overcrowding. He says :- —
I find one two-apartment house with 11 persons in it, five of whom are males over ten years old
and three females over ten. In another two-apartment house there were 8^ persons (two males
and four females over ten) ; 11 persons (six males and four females over ten ); 9 persons (four males
and three females over ten) ; 9 persons (two males and six females over ten) ; 9 persons (three
males and five females over ten) ; 9 persons (four males and three females over ten) ; 10^ persons
(six males and one female over ten) ; lOJ persons (six males and three females over ten) ; 10^
persons (three males and seven females over ten) ; 9^ persons (three males and four females over
ten). These are all two-room houses. I think that is the peculiar significance of it, for even
amongst a respectable class of the population you have not house-room sufficient to afford suitable
sleeping accommodation for both sexes, apart altogether from the question of pressure on cubic
space. (Chalmers, 20,337.)
This experience is supported by that of Miss Rutherfurd, who says that there is a great deal of domestic
overcrowding, too large families living in a room and kitchen. (Rutherfurd, 22,187.) The Inspector
of Poor of Glasgow instances a case where in a two-apartment house " the daughter (aged 21) was recently
' found to be sleeping with her father (aged 49) and brother (aged 19), and did not appear to think there
' was anything unusual in this." He stated that this was a type of case commonly found by his inspectors.
(Motion, 20,919, 20,924-5.)
732. One result of this domestic overcrowding is stated by another Glasgow witness to be that
" the children are forced out of doors to give the housewife room to work." " This to me," he says,
" is the saddest result of wretched housing. In my evening visitation I find the children everywhere
' — sitting in the closes and on the stairs, trying to play, often half asleep, on bitter winter nights."
(Rev. D. Watson, 22,379 (8).)
733. The same witness, referring to the want of adequate " house-room," mentions this as one
cause of the break-up of the home life. To quote his own words :■ —
I go into a house at 6 o'clock in the evening when three or four young lads all come in from
their work ; they are all wanting to wash, and there is no place for them to wash except the sink,
and there is a table set for six or seven or eight, and they are all crowded round it, and you cannot
wonder at this irritation working on them in the case of over-density of population.
He admitted that in some cases a larger house could be taken, but in others the wages earned by the
yoimger members of the family as apprentices were small, and that a large sum was required for clothing
and food. (Watson, 22,402-4.)
734. Another Glasgow witness (the Sub-Warden of the University Students' Settlement), speaking
of the overcrowding in the small houses, cited a case where a medical student in residence at the Settle-
ment attended the confinement of a woman whose children were at play in the same room, there being
only that place for them to occupy. The same witness instanced a case where he had been called at
midnight to attend the bedside of a dying girl. He found she was occupying the only available bed,
and the remaining five members of the family could not, had they wished, have gone to rest. (Coultate,
23,780 (21).)
735. As instances of statutory overcrowding as distinct from what we have termed domestic
overcrowding we may quote the foUowing : —
106
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(1) Six persons residing in a one-apartment house — one of them a girl of eighteen about to be
confined. (Motion, 20,919.)
(2) In a tiny house were three men, three women, and one child. (Rutherfurd, 22,184.)
(3) Single-apartment house containing (a) man, wife, and two children who sleep in the bed,
and (b) another man, his wife and five children, who sleep on the floor. (Motion, Appendix LXXV.)
(4) The following case of gross overcrowding of sick people is taken from a Report, dated
20th .January 191 1 , to the Local Government Board by one of their Medical Inspectors, Dr Dittmar : —
" In one case visited, where the father was suffering from phthisis, there were in the two-apartment
' house, besides himself, his wife and seven children, from seventeen years to one year of age. . . .
His wife was paralysed on one side, and had been in this state since the birth of the first child.
Of the children, the eldest, a girl, had facial lupus, a skin disease of tubercular nature, and a second
child of five years suffered from hip-joint disease, also of tubercular origin. . . . They slept as
follows :■ — In the kitchen bed were the father, with phthisis, the half -paralysed mother, the little
girl with tubercular hip-joint disease, and the baby one year old ; in the bed in the room slept
the others (five in number), one of them with facial lupus." (See 20,861.)
(5) The Rev. Dr Watson, Glasgow, stated that there was gross overcrowding in many of the
single-apartment houses, but in some cases it was due to the kindness of heart of the occupiers of
the house, who " are very kind to their neighbours in distress, and they will take them in with
' children." One such case he instanced where a single-apartment house was tenanted by a husband
and wife and two children aged about eight and ten years. In addition, there were a man and his
wife. This man was out of work, and "had sold everything or eaten it up," and so the first family
" had just taken them in." (22,451.)
Dundee.
736. The statistics for Dundee show that, in so far as the proportion of one-room houses forms a test,
the standard of family life is lower than in Edinburgh and Aberdeen, but not quite so low as in Glasgow.
The number of one-room houses shows, however, a considerable reduction since 1901, but they still total
over 6550, or 16-9 per cent, of the total houses in the city, and they are occupied by 9-9 per cent, of the
population. A very large proportion of the houses, rather more than half (53-2 per cent.), are of two rooms,
and house over a half of the total population.
737. The details as at the 1911 census will be found in the following two tables : —
Total Number
of Houses in
Dundee.
Number of Houses of
Percentage of Total Number of
Houses ha\'ing
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
38,637
6,553
20,503
6,677
16-9
53-0
17-3
Total Population
Population hving in Houses of
Percentage of Total Population hving
in Houses of
of Dundee.
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
160,489
15,854
85,324
34,678
9-9
53-2
21-5
These tables show the extraordinarily large percentage at the 1911 census of practically 70 per cent,
of the total number of houses in Dundee as being of one and two rooms, while over 63 per cent, of the
population are housed in these houses, or, to put it another way, out of a population of 164,000 persons,
over 100,000 are living in one- and two-room houses.
738. The statistics as to the number of persons living more than two in a room, more than three in
a room, and more than four in a room, are shown in the following table :—
Total Number of Persons living
more than
Percentag
e of Total Population living
moi'e than
Two in a
Room.
Three in a
Room.
Foui- in a
Room.
Two in a
Room.
Three in a
Room.
Four in a
Room.
77,376
32,086
9,817
48-2
20-0
6-1
REPORT. 107
According to the three persons per room standard, it will be seen from this table that over 32,000 persons
are living in overcrowded conditions in Dundee.
739. That there is a great deal of overcrowding in Dundee is clear from our evidence. Low wages
abound, and the overcrowding in many cases is not so much wilful as unavoidable, the wages of the
worker being inadequate to procure more suitable accommodation. These observations may fairly be
applied to many parts of the cities and towns of Scotland. It may be, too, that the fact that so many
married women are employed in the mills in Dimdee results in their physical inability to attend to and
manage a house of more than two rooms. {Of. Walker, 35,103 (30).)
740. The following are examples of overcrowding in Dundee in one- and two-room houses given
by the representatives of the Dundee Social Union, and discovered in November and December
1912 :—
One-room House.- — Couple and five children. House very bad condition — most miserably furnished.
Husband a labourer, idle at present, wife works in the mills. She has had ten children, four dead, one
girl in Industrial School.
One-room House. — Ten people housed. Husband a labourer, wages 15s. 6d. House very dirty —
wife does not work. She has had nine children, of whom three died under one year. The oldest boy
is fourteen. Two girls, lodgers, living in house as well as the family.
One-room House. — Couple and six children ; house dirty ; man's wages 21s.
One-room House. — Wife and five children. Husband a seaman, and goes away with the whalers.
House very dirty— no open windows. No sanitary arrangements nearer than end of close. Wife does
not work, but draws half pay.
One-room House. — Couple and seven children. House dark and dirty- — in a miserable condition.
Husband a hawker, wife a spinner.
Two-room House. — Couple and five children. Back room very dark owing to outside stair to flat
above. Condition very bad. Husband an umbrella maker, work irregular. The wife a hawker. She
has had twelve children, of whom seven are dead. (Walker, 35,103 (23).)
741. As examples of the domestic overcrowding referred to, we cite the following cases : — A deserted
wife, her brother, and three children, in one room ; a couple with their daughter and her illegitimate child
in one attic ; a father and grown-up daughter in one room ; a father and two daughters, both working,
living in a single room. (Walker, 35,103 (24).)
742. The witness who furnished particulars of these cases stated that there can be little doubt that
such overcrowding tends to increase immorality, the want of privacy lowering the ideal of modesty for
the adolescent boys and girls. The conditions have also an extremely grave effect on the children, more
especially in cases where immorality may be practised in the houses. The evidence given in the Children's
Court proves this. {Ibid., 35,103 (25) ; cf. Williamson, 36,093 (131).)
743. In dealing with overcrowding in Glasgow we have instanced cases of persons suffering from
phthisis and living in these overcrowded conditions. Similar conditions can be foxmd in all the large
towns, and it is clear that few — if any— of the one- and two-room houses are suitable for such cases.
Some instances from Dundee were given. It is sufficient to quote one :■ —
A boy of nine suffering from advanced phthisis. Home a poor one, situated in a narrow lane
with high buildings. The house is two-roomed ; the kitchen is, however, so small that both beds
are in the inner room. There are five children in addition to the father and mother. The father
has been irregularly employed. The father and mother sleep in one bed, the baby in a cot. The
other four children sleep together in the remaining bed, three at the top, and the phthisical boy
at the foot. (Walker, 35,103 (27).)
744. We have said that in Dundee the overcrowding in many cases is not so much wilful as unavoid-
able. Some instances are quoted, however, of what might appear to be avoidable overcrowding ; but
without knowing more of the family circumstances, one cannot express a definite opinion. The amoimt
of wage earned or the weekly income cannot, we think, by itself form the basis of any sound judgment
as to whether or not the occupants are able to afford the rent of a larger house. Before any just opinion
could be formed, one would require to know what are the legitimate demands on the family income.
The cases we refer to, which are quoted subject to the above reservations, are as follows : —
(1) One room, seven persons ; father a bricklayer, earning 18s. to 35s. a week, two daughters
working as shifters in a mill.
(2) Two rooms ; father, mother, and seven children ; two of the children working ; total earnings
of workers 37s. lOd. to 40s. 4d. per week. (Walker, 35,103 (29).)
745. Dealing with the question of overcrowding, the Medical Officer of Health of the City says that
on an average during the ten years previous to June 1914, sixty cases of overcrowding had been discovered
annually, and only eight prosecutions per year have followed, the sanitary officers having in the other
cases secured the necessary improvement without prosecuting. (Templeman, 35,836 (34).)
Aberdeen.
746. In Aberdeen we find a quite favourable position in relation to the other large cities. It has a
distinctly smaller proportion of one-room houses.
747. About a tenth of the dwellings in Aberdeen are of one room, and these are occupied by about
one-twentieth of the population. (M. Hay, 41,334 (127).) Within the last thirty years the number of
one-room houses has markedly dechned by about 40 per cent., while, during the same period, two-
room houses have increased by 40 per cent., three-room houses by 115 per cent., and four-room houses by
120 per cent. There has thus been a steady flow of the population into larger houses. {Ihid., 41,334
(128) ; cf. also Appendix CXLI.)
748. The following tables correspond to those prepared and printed above for the other cities, and
the figures are taken from the 1911 census returns.
108
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Total Number
of Houses in
Aberdeen.
Number of House
s of
Percentage of Total Number of
Houses having
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
• Two
Rooms.
Three
Rooms.
36,159
3534
13,311
10,086
9-8
36-8
27-9
Total Population
Population living in Houses of
Percentage of Total Population living
in Houses of
of Aberdeen.
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
158,247
7660
53,516
50,614
4-8 33-8
32-0
749. The number of one-room houses is 3534, or 9-8 per cent, of the total number of houses in the
city. Only 4-8 per cent, of the population Uve in such houses, as compared with 6-1 per cent, in Edin-
burgh, 13-8 per cent, in Glasgow, and 9-9 per cent, in Dundee. According to Dr Matthew Hay, Medical
Officer of Health of the City, fully one-half of the one-room houses in Aberdeen are occupied by single
persons, and in the remaining half 817 of the houses have only two occupants each. Thus in about
two-thirds of the one-room houses the occupants do not exceed two. (M. Hay, 41,334 (129).)
750. It will be seen from the table that of the total number of houses in the city, 46-6 per cent, are
of one and two rooms, housing 38-6 per cent, of the population. These figures compare very favourably
with the figures given for Glasgow and Dundee, though they are somewhat higher than those given for
Edinburgh.
751. The statistics as to number of persons living more than two in a room, more than three in a
room, and more than four in a room, are shown in the following table : — ^
Total Number of Persons living
more than
Percentage of the Total Population living
more than
Two in a
Room.
Three in a
Room.
Four in a
Room.
Two in a
Room.
Three in a
Room.
Four in a
Room.
59,879
19,505
3446
37-8
12-3
2-3
According to the three persons per room standard, this table shows that nearly 20,000 persons in Aber-
deen are living in overcrowded conditions.
752. Speaking on the subject of overcrowding, the Medical Officer of Health says that where over-
crowding exists it is present in the great number of the cases in only a slight degree, judged by the stan-
dard of 400 cubic feet per person, as, for example, when there is one child above the permitted number.
In very few cases is the overcrowding due to the presence of lodgers. In most cases it is caused by the
famAly being too numerous for the house. Only in a few cases is there gross overcrowding. (M. Hay,
41,334 (106), 41,430.)
Paisley, Leith, and Greenock.
753. After Glasgow, Edinburgh, Dundee, and Aberdeen, the chief towns are Paisley, Leith, and
Greenock, each with a population over 70,000. We do not propose in these three cases to enter into the
same detail in discussing overcrowding as we have done in the case of the four larger cities. Considera-
tions of space forbid this, and accordingly we shall deal with the subject more generally.
754. We think, however, it will be interesting to show in tabular form the percentage of houses of
one, two, and three rooms in each of the three towns, and the percentage of the total population living in
such houses. The figures are taken from the 1911 census.
REPORT.
109
Name of Town.
Percentage of Total Houses
having
Percentage of Total Population Uving
in Houses of
One
Room.
Two
Rooms.
Three
Rooms.
One
Room.
Two
Rooms.
Three
Rooms.
Paisley
Leith .
Greenock .
18-9
8-2
14-1
50-7
45-2
47-7
17-5
24-1
21-6
12-0
5-4
10-0
53-0
44-5
48-9
20-8
26-0
23-5
This table shows that Paisley has a very large proportion of one- and two-room houses and of the
population hving in such houses ; there are no less than 69-6 per cent, of the total number of houses of
one and two rooms, while 65 per cent, of the population live in such houses. The corresponding figures
for Greenock are 61-8 per cent, and 58-9 per cent, respectively, and for Leith 53-4 per cent, and 49-9
per cent.
755. According to the three persons per room standard of overcrowding already referred to, the
census returns show that in 1911 in Paisley over 24,000 persons were living in overcrowded conditions,
over 20,000 in Greenock, and over 14,000 in Leith.
756. The overcrowding in Paisley, we are told, has come largely from the action of the Local Authority
in condemning and closing old houses. The new houses are said to be too expensive for the class of
people dispossessed, who belong to the poorest class of the population, who are poor either because of
small earnings, irregular employment, sickness, careless living and improvidence, drink, or a combina-
tion of any or all of these. (Kelso, 37,911 (9), (22).) The overcrowding, says the Sanitary Inspector,
runs parallel with the poverty of the people, though at the same time there are cases where the income
would certainly permit of a bigger rent. He admitted, however, that of all the overcrowded houses
that he dealt with, nearly the half of the overcrowding was in one-room houses, and that while there was
a number of empty two-room houses available, the difficulty was that the population had not the means
to go into these larger houses. (Kelso, 37,992, 37,993, 38,053.)
757. So far as Leith is concerned, it is, according to the Sanitary Inspector, "remarkably free from
' overcrowding," judged by the cubic space standard. The figures we have already quoted show, however,
how imreliable this method is as an indication of the real overcrowding. Overcrowding, the Sanitary
Inspector says, is rarely found due to the keeping of lodgers. As a rule, the persons occupying over-
crowded houses are all members of the same family. He added, however, that he knew some one-room
houses occupied by young men and women as well as their parents where apparently the cubic space
standard was compUed with. (Bishop, 5996 (16), 6104-5, 6180, etc.)
758. The overcrowding in Greenock at the time of our visit in June 1914 was, according to witnesses,
nothing short of a scandal. The Medical Officer of Health reported that all available houses had been
taken up, and that in many instances two and even more families were sharing one house. The over-
crowding, he said, existed to an alarming extent. (Cook, 33,203 (14 f.).) We find, for example, that
although the number of one-room houses had fallen since 1891, yet there were, at the date of our visit,
eight hundred more persons hving in single rooms than twenty years ago. The two-room houses, though
they had been increased in number by nearly 1000, were also said to be more crowded than they used to
be. (Devine, 33,207 (19-21).)
759. The Sanitary Inspector gave the following particulars : —
Overcrowding prevails to an alarming extent. Four famiUes, consisting of sixteen persons, were
recently found in a two-room house. In another case, two famihes, consisting of fourteen persons,
were found occupying a one-room house. In many parts of the town famihes occupy sublet rooms,
no fewer than eight families having been discovered occupying such rooms in a property containing
twenty-four dweUing-houses, and three families in a property of a similar size. {Ibid., 33,207 (3).)
760. The representatives of the Greenock Housing Coimcil instanced the following case : —
In one bed were a man and his wife and two children. In the other bed in the same room there
was a young woman, a servant girl temporarily out of a place, an absolute stranger to the couple.
Through this room passed in and out of the room beyond two other couples, using of course the
one sink in the kitchen. ... It was asserted by the couple that this was the only shelter they
could find. (CampbeU, 33,007 (19) ; Smith, 33,092.)
761. As a result of these conditions, complaint was made to the Local Grovemment Board, who,
after inquiry, reported that there was such a scarcity of houses that those which were admittedly un-
healthy could not be closed ; that there was overcrowding in the burgh to an alarming extent ; and also
that there was a great dearth of houses for labourers and artisans. (Walker Smith, 41,557 (3).)
762. The beginning of this condition of overcrowding appears to have occurred during a period of
bad trade, when, owing to poverty, the people were unable to pay rent and herded together. Un-
fortunately, the period of prosperity which has since overtaken Greenock has not remedied matters, as
the sudden influx of population has created a genuine dearth of houses, and considerably aggravated the
evil.
Instances of Overcrowding in other Towns.
763. We have dealt above with the seven large towns, but overcrowding is not of course confined
to them. In most of the industrial burghs it is prevalent, and even in many of the smaller burghs it
no ROYAL COMMISSION ON HOUSING IN SCOTLAND.
is by no means uncommon. We do not propose to go in any detail into the question of overcrowding in
these other towns. The problem is much the same, whether it be in the great cities or in the smaller
burghs, but we think some cases should be cited as shewing the overcrowding outwith the seven large
burghs.
764. In Wishaw, the representative of the local Trades and Labour Coimcil told us there was a con-
siderable amount of overcrowding. He mentioned the following cases : —
In one-room houses : —
3 adults : father and two daughters.
5 ,, widow, two sons, daughter, and male lodger.
widow, two male lodgers ; small shop.
man, wife, two sons, daughter (age 17).
man, wife, two male lodgers.
widow, son, two male lodgers.
In two-room houses : —
2 adults : 4 children- — 3 children working.
8 „ 4 „ — man, wife, 2 sisters and 4 brothers of wife, 4 children.
(Downie, 41,250 (36) (10).)
765. The following case is reported by a Salvation Army Officer in Dumfries, who gave evidence
before us : —
I was called into a house . . . where a child was lying dead in the room and another was
dying in the same room. There were two difierent famihes there. There were at least seven
persons in that room where the one child was lying dead and the other child was dying. It was
just on the one floor, and there appeared to be three rooms between them, but it seemed from observa-
tion that they all lived in the one room. It was their one common sitting-room, and a very small
room^ it was. (Carter, 13,540.)
766. Another case is reported from Wick, where, during the height of the fishing season, overcrowding
is very prevalent. In the case referred to, there were accommodated in one room six women and three
children, and at the week-ends there were three men in addition, husbands of three of the women. (Mac-
donald, 16,379.) We are also informed that during the fishing season of 1912, in Wick, there were 238
houses in which 322 rooms were occupied as lodgings by 281 men, 560 women, and 93 children. (Appendix
CLXXIX.)
767. The following cases are reported from Hamilton : —
Single-apartment house, 1263 cubic feet, occupied by husband, wife, and four children.
Single-apartment house, 1058 cubic feet, occupied by labourer and his adult daughter.
Single-apartment house, 1028 cubic feet, occupied by three adults and one child. (Appendix
No. V.)
House of 3 rooms, inhabited by eleven persons. (Appendix No. CLXXV.)
House of 3 rooms, inhabited by widow and two little children and four male lodgers. (Appendix
CLXXV.)
768. A case of domestic overcrowding as distinct from statutory overcrowding is given by the
Sanitary Inspector of Inverness Burgh, who stated that he had found a one-room dwelhng with ten
persons in it. The most of these were children. The cubic capacity of the room was over 3000 feet,
and consequently on the usual cubic space standard of 400 cubic feet per adult and 200 per child the house
was not overcrowded ! (Knowles, 14,489, etc.)
769. While overcrowding prevails in many of the large towns, it should be noted that the census
and other returns show that there is in these towns a certain number of vacant houses. No definite
information is available as to the condition of these houses, but, as we have already indicated in Chapter
III., dealing with the estimated shortage of houses, it is certain that many of them are not fit for human
habitation, while many houses are inhabited that are not so fit. Dealing with this point, Mr Bunson,
one of the representatives of the Edinburgh and District Trades' Council, says : —
770. " There is a quite a lot of vacant property, but you find that the best available at the money is
' always occupied. There is quite a lot of property that is vacant in Edinburgh that no one would care
' to go into imlesB he was compelled to. The vacant property is in the more midesirable streets."
(Eunson, 18,241.)
771. We notice from the lieport of the Scottish Land Enquiry Committee (page 406) that Dr
Chalmers, Medical Officer of Health for Glasgow, states (in 1914) that there were 10,000 uninhabitable
houses in Glasgow, and that the Convener of the City Improvement Trust stated that other 10,000 were
on the verge of being uninhabitable. In giving evidence before us, Dr Chalmers stated that there were
40,000 people in Glasgow who should be dishoused, 28,000 of them because their houses ought to be
demohshed, and 12,000 of them because their houses should be repaired. {Cf. Chalmers, 20,355-20,360.)
772. In some of the towns, especially the larger ones, there are also, no doubt, a considerable number
of empty houses m certain districts which have become imdesirable from a residential point of view,
but are necessarily not available for the working people.
Influence of Oveeorowding on Health.
773. From the account given above of the overcrowding of houses on sites and of the overcrowding
in the houses, it will be gathered that the conditions described are extremely prejudicial to the health of
the people who live in such overcrowded surroundings. The congestion of houses on the site results in
want of fresh air and sunhght in the houses — a serious defect when regard is had to the necessity of these
for the preservation of good health — ^and the absence of proper playgrounds and open spaces for the
REPORT. Ill
children is bound to affect their health and retard their full development. That the absence of play-
grounds is attended with danger to life and limb of children has already been shown by the evidence of
a witness from Paisley (see Chapter VIII., Paragraph 490.) (Hair, 38,424 (2).)
774. In connection with the absence of playing space for the children, Dr Russell says, in the lecture
from which we have already quoted (Paragraph 705) : —
There is also a sad want of play space for the little children in Glasgow. ... I shall have
something more to say on behalf of the children when I come to speak of various forms of private
beneficence, but I wish our authorities would think a Uttle more of the toddling " things " who
cannot walk to our parks, and whose mothers have not time to carry them thither. One often
stumbles over them creeping about dark lobbies, and many a time one has to pick his steps care-
fully so as not to interfere with their attempts to play at houses on the stairs. If they venture
further, they will find only the dead air and nauseous environments of the back courts or the
dangerous street.
775. That the absence of playing spaces for the children of Glasgow is still pronounced is shown by
the evidence of the Rev. Dr Watson and Dr Chalmers, referred to in Chapter VIII., Paragraphs 491 and
492.
776. The overcrowding in the houses, with the attendant vitiated and impure atmosphere, must
deteriorate the physique and resisting power of the occupants, while in certain forms of disease the
opportunity for spread of infection is greatly increased.
777. While all this is so, it is seldom possible to show statistically the amount of sickness and im-
paired or poor health due directly to overcrowding or the improvement in health due to the removal of
the overcrowding. The overcrowding is one of several factors predisposing to or causing the ill-health,
and it is not possible to assign to each factor its definite proportion or share of the resultant ill-health.
The Medical Officer of Health of Aberdeen points out that it is imsafe to lay too much emphasis on the
apparent relations between size of house and the incidence of disease and death. Other important
factors, he says, are involved, such as poverty, alcohohsm, venereal disease, " and the unavoidable descent
' of human wreckage to the cheapest, and consequently the smallest and least attractive, houses."
(Matthew Hay, 41,334 (225).) While agreeing that bad housing must influence health in a deleterious
way, he said that it is not possible to give any convincing statistical proof of the effect of housing on
health. {Ibid., 4:1,4:71, 41,480.) Asimilar warning was given bv the Medical Officer of Health of Dimdee.
(Templeman, 35,836 (35), 35,883; cf. Wilson, 37,078; and Appendix CXXIX. (4).)
778. Accordingly we do not propose — even if the amount of evidence on the point justified us — to
enter in any detail into a discussion of health statistics as affected by overcrowding. We think, however,
that some of the statistics that have been laid before us are worth referring to, even though they may
not be accepted in their entirety as showing the effects of overcrowding on health.
779. Striking statistics are furnished by Dr Maxwell Williamson, Medical Officer of Health of
Edinburgh, showing the death-rates before and after demolition of certain areas which were the subject
of Improvement Schemes imder the Housing of the Working Classes Acts. He states that a few years
ago certain areas, comprising 14 acres, and consisting of densely populated dwellings, were dealt with in
various parts of the city. In all cases the old densely populated tenements were acquired and removed,
and new dwellings were erected in their place. The outcome, so far as health conditions were involved,
was, he states, of a most satisfactory nature.
The general death-rate fell from 45 to 15 per 1000.
, The zymotic „ „ 9 ,, 1 „
The phthisis „ „ 3-8 „ 0-4 „ .
Other tuberculosis „ ,, 7-1 ,, 0-4 „
(Maxwell Williamson, 5539 (7), 5560-3.)
In examination, however, the witness admitted that the great reduction in the death-rate was not
among the same people, a better class of people occupying the reconstructed houses. But, he added in
a subsequent examination, that although other factors beside housing came into play, he believed that
housing per se had a very important effect on health. {Ibid., 40,716 ; cf. Young, 40,434 (7) ; Chalmers,
20,319-20.) The same witness gave individual instances of the improvement effected. In one district,
which consisted of five tenement dwellings of an old type " subdivided to the last degree and so disposed
' as to prevent a sufficiency of sunlight or natural ventilation reaching them," the death-rate was so
high as 52 per 1000. After the area had been cleared and new houses of a healthy type erected, the
death-rate fell to 15 per 1000. {Ibid., 5539 {8).)
780. Dr Wilhamson also furnished statistics showing the high infantile mortality rate in dense
localities as compared with that in less crowded districts, and the high death-rate in the wards of the
city having the greater number of one- and two-room houses as compared with that in the wards having
a smaller proportion of such rooms. The same relationship he found to exist between the sickness rate
as gauged by the' prevalence of phthisis and the density of tenement dwellings, 59 per cent, of the cases
of that disease occurring in the city taking place in houses of one or two rooms. {Ibid., 5539 (33)-(40) ;
cf. Eimson and Wilson, 17,947a (14)-(19).) In another part of this Report (see Chapter VIII. on
Tenements) figures given by this witness have been reproduced showing the much lower death-rate in
houses of the cottage type as compared with that in crowded tenements. {Ibid., 5539 (47) (48).)
781. We have already referred to the large number of one- and two-room houses in Glasgow and the
large proportion of the population that lives in such houses, and in the chapter (XL) on One-room
Houses are quoted statistics submitted by the Medical Officer of Health showing how the death-rate
diminishes as the number of rooms in the house increases. (Chalmers, 20,158, 20,169, 20,324.)
782. The Medical Officer of Health of Dundee, while, as already indicated, not desiring to draw any
special conclusions as regards housing from mortality statistics, states that it appeared to him to be a
significant fact that if inquiry were made into the history of those families, in which the death of an
infant had occurred, in order to ascertain the fate of other children bom, it would be found that the
112 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
infant mortality in these families had been enormous. He had investigated this matter from his returns
for the past six years ; and, ascertaining the number of children living, the number who had died, and
the number who had died in the first year of life, he f oimd that in none of these years had the mortality
in those families in which an infant died been less than 400 per 1000 births. An inquiry into this
mortality for the three years 1907 to 1909 showed, he said, that the families living in houses of one room
in which the infant had died gave a mortality of 535 per 1000 births, those living in houses of two rooms
a mortality of 407 per 1000, and those living in houses of three rooms 379 per 1000. (Templeman, 35,836
(36), (37), 35,879.)
783. The Medical Officer of Health of Aberdeen (Dr Matthew Hay) gives certain mortality statistics
relating to three of the wards in that city. These are set forth in Chapter VIII., Paragraphs 508 et seq.',
and it is not necessary to repeat them here. They show that in the better housed oi these wards the
mortality rates are much less than in the remaining ward where the housing conditions are bad, and that,
as Dr Hay says, it is difficult to believe that a considerable part of the difference is not due to differences
in housing conditions.
784. Figures are also given by Dr Hay shomng the infant mortality in relation to density of room
occupancy. The figures are compiled from special reports prepared on infant mortality in Aberdeen in
1907 and 1908. They show particularly how much more the bottle-fed infant suffers from inferior
housing and social conditions. The figures show also that the death-rate among infants in the smaller
and more crowded houses is very much higher than in the larger houses^ — five to six times higher, for
example, among bottle-fed babies in one-room houses than among the same group of babies in houses of
five rooms and upwards. Tables are also submitted to show that the percentage of fatal cases among
all known cases of scarlet fever, measles, and whooping-cough (or the case mortality as it is termed) is
highest in one-room houses, and steadily declines with the increase of the size of the house. (Matthew
Hay, 41,334 (209) eiseg.)
785. Medical Officers of Health of county areas report similar differences of mortality among well-
housed and badly-housed populations. Thus the Medical Officer of Health of Kenfrewshire pointed out
that, while the mean infantile death-rate of the upper district of the county, in 1913, was 81 deaths
imder one year per 1000 births, and while in some areas in that district, chiefly with villa populations,
there were no deaths under one year, in other districts the rate was very high. In one village where the
population is entirely packed away in old-fashioned tenements, with one-apartment houses constituting
25 per cent, of the whole, the infantile death-rate was 231 ; in another place, where 21 per cent, of the
population occupy one-apartment houses, the infantile death-rate was 133 ; and so on. On the other
hand (and this is very striking), in a model village belonging to the Glasgow and South-Westem Railway
Company, in which the houses are all of three apartments, there were no deaths under one year in 1913.
The witness adds, however : —
The death-rates mentioned are not specially associated with the one-apartment house ; they
are essentially due to the poverty and the frequently degraded habits of the population which drifts
into the one-apartment house.
An interesting contrast is revealed by the same witness in the statistics relating to one village, which,
however, he divides into two portions, north and south, each being separated from the other only by a
highway ; the north portion consists of cottage dwellings ; there are no one-apartment houses, only 2 per
cent, of two-apartment houses, 81 per cent, are of five apartments. In the south portion 7 per cent, of
the houses are of one-apartment, and 74 per cent, of two apartments. The infantile death-rate in the north
portion of the village is only 37 ; in the south portion it is 100. (Campbell Mimro, 37,370 (82-83).)
786. On the question of overcrowding we again quote from the late Dr Russell. Discussing the
question of density or over-density of population as affecting health, he says in the lecture before re-
ferred to (Paragraphs 705 and 774) : —
This means that in the various relations of our lives we are more apt to jostle against and
interfere with one another either for good or for evil. As I confine myself at once to physical relations,
it is obvious that we are more apt to interfere with one another to our mutual disadvantage. This
is absolutely and universally true as regards a physical evil. Take infectious diseases as a typical
illustration. Throughout the community as a whole infection, which means the passage of a material
something from person to person, must take place in proportion to their average proximity.
It is those small houses which produce the high death-rate of Glasgow. It is those small houses
which give to that death-rate the striking characteristics of an enormous proportion of deaths in
childhood, and of deaths from diseases of the lungs at all ages. There exhausted air and poor and
perverse feeding fill our streets with bandy-legged children. There you will find year after year a
death-rate of 38 per 1000, while in the districts with larger houses it is only 16 or 17. Of all the
children who die in Glasgow before they complete their fifth year, 32 per cent, die in houses of one
apartment, and not 2 per cent, in houses of five apartments and upwards. There they die, and
their little bodies are laid on a table or on the dresser, so as to be somewhat out of the way of their
brothers and sisters, who play and sleep and eat in their ghastly company.
787. While making every allowance for the-xlifierences in the education, habits, and resources of
the people occupying the different classes of houses, we think that a careful study of the statistics given
leads irresistibly to the conclusion that a large part of the excess of mortality (and ill-health and poor
physical development) in the smaller-sized houses is directly due to the congestion of the houses on the
site and the insufficiency of house accommodation — intensified in cases of overcrowding.
788. Our view (stated in preceding paragraph) is supported by the results of the housing activities
of the Corporation of Liverpool. On this point valuable information was given to us by Colonel Kyffin-
Taylor, Chairman of the Corporation's Housing Committee. The statistics he furnished of death-rates,
etc., prior to and after demolition of insanitary property are strictly comparable, as in the Corporation's
housing schemes the great proportion of the inhabitants are rehoused on the same area. He told us,
for example, that the general death-rate among the people formerly inhabiting insanitary courts fell from
REPORT, 113
50 to 27 per 1000, a saving of life of nearly 50 per cent. ; also that the mortality rate from consumption
in the Corporation dwellings was 1-9 per 1000, " whereas the rate amongst these very people when they
'inhabited insanitary court houses was 4 per^lOOO, a saving in life of over 50 per cent." (Kyffin-Taylor,
24,313 (75)-(84).) He was quite emphatic that the rehousing of the people imder happier conditions
had materially contributed to the enormous reduction of sickness and disease that had taken place in
Liverpool, and which would not have taken place had the work of clearing the insanitary areas and of
rehousing the people not been done. The great reduction in infantile mortality was, he said, contem-
poraneous with the period of sweeping demolition and rehousing, which must have contributed consider-
ably in bringing about that reduction. {Ibid., 24,313 (74) (72).)
Ticketing op Houses.
789. There is one special method of control of overcrowding which it may now be well to refer to.
This is the system of ticketing houses and the subsequent inspection by the officials of the Local
Authorities.
Statutory Provisions as to Tichetiiig.
790. We have already set out in Chapter V. the provisions in the Burgh PoHce (Scotland) Act, 1903,
for the control of overcrowding by means of ticketing houses. These provisions, as will be seen, are in
operation only where they have been adopted by Town Councils, and they apply to houses of not more
than three apartments, and only to such of these houses as contain 2400 cubic feet or less. The ticketing
consists in affixing a ticket or other mark showing the number of persons who may sleep in the house.
The number is calculated on the standard of 400 cubic feet for each person, two children under ten years
of age being reckoned as one person. A defect of this statutory provision has already been pointed out
in the Chapter on " Occupancy " (see Chapter X., Paragraph 618), viz. that, so long as the number of
persons sleeping in the house does not exceed the total allowed by the ticket, there is apparently nothing
to prevent all the persons sleeping in one of the rooms in the house, leaving the other or others vacant.
While this is so, we do not think that it would be administratively possible to exercise such supervision
as would prevent this practice, and accordingly we do not suggest any amendment of the section in question.
791. Similar provisions as to ticketiag are contained in the Glasgow and Edinburgh local Acts, the
difierence from the general statute being that in Glasgow the maximum cubic space that may be ticketed
is 2600 cubic feet, while in Edinburgh it is 2000 cubic feet. Dundee operates under the provisions of the
Burgh Pohce Act, 1903, above referred to. (Templeman, 35,836 (33).) Li Aberdeen the system is not
in operation, though there is power under a local Act to ticket the smaller houses. (Matthew Hay, 41,334
(207).) Paisley operates imder a provision in a local Act similar to that in the Burgh Police Act, 1903.
(Kelso, 37,911 (48).) Greenock has a local Act empowering ticketing (Devine, 33,311-12), the maximum
cubic space being as in Edinburgh, 2000 cubic feet. In Leith ticketing is not in operation to any extent,
but the powers of the Burgh Police Act, 1903, are available. (Bishop, 5996 (34).) In all other burghs
the provisions of the Burgh Police Act, 1903, are available, but the practice of ticketing does not appear
to be resorted to except in the larger towns.
792. In houses other than ticketed houses, houses let in lodgings, farmed-out houses, and common
lodging-houses, there is no definite standard of overcrowding, and the Local Authority, if they desire to
proceed against the occupier for overcrowding, must proceed under the Pubhc Health Act, and prove that
the overcrowding is such as to be injurious or dangerous to health. As regards houses let in lodgings,
farmed-out houses, and common lodging-houses. Local Authorities have power, as explained in Chapter
v., to regulate the standard of cubic space by byelaws. In Glasgow, however, under a local Act of 1890
(the Glasgow Pohce Amendment Act, 1890, section 28), any dwelhng-house is deemed overcrowded if
it is used for sleeping purposes by a greater number of persons than in the proportion of one person of the
age of ten years or upwards for every 400 cubic feet of space, or of one person of an age less than ten
years for every 200 cubic feet of space. Power is also given imder the same section for any persons
authorised by the Corporation entering any dwelhng-house if they beheve that overcrowding exists. No
similar provision exists in the general statutes.
Origin and Practice of Ticketing.
793. The system of ticketing does not appear to be in operation to any large extent in England.
It is said to be in operation in Bradford (Fyfe, 19,939 (a)), and there are ticketed, or sublet houses, as they
are called, in Liverpool and Birmingham. (Hope, 24,673 ; Robertson, 24,885.) In Liverpool there is a
staff of inspectors who do nothing else but visit the sublet houses and the common lodging-houses by
day and night. (Hope, 24,674.) In Birmingham there is no night inspection. The Medical Officer
of Health of that City has always resisted any proposal for such inspection. He does not think it is decent.
But while there is no night inspection, he has what he thinks is nearly as good — a day inspection and
a visit on Sunday mornings. The state of overcrowding, he says, can generally be seen on the Simday
morning visit. ('Robertson, 24,885.)
794. As the system of ticketing, so far as Scotland is concerned, is in most extensive operation in
Glasgow, we propose to describe its operation in that city. The procedure in other towns is much the
same. According to the Sanitary Inspector of Glasgow, Mr Peter Fyfe, the ticketing process was started
in 1866 in consequence of extensive outbreaks of typhus fever in the city due to the overcrowding that
existed in small dwelling-houses. The reason for visiting these houses at night in order to ascertain
what overcrowding, if any, is going on can best be given in Mr Fyfe's own words. He says : —
If you ask these people how many are in when you call during the day, you get a very large
number of false statements ; but when you go in at night, between 12 o'clock and 5 o'clock in the
morning, the doors are usually closed, and you can count the number of people who are hving in these
houses. Even then, you cannot always do it, because the one tells the other, and in some streets
in Glasgow they are so friendly with one another, that whenever the night men appear at one end
of the street the word passes round right through the street, and by the time they get to the closes
8
114 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
further on the inmates have all got up and are dressed, and your night's work in that particular
street has failed. Sometimes the people have got into presses, into barrels, and into enclosed places
above the bed — sometimes on the roof, hiding behind the chimney-head. {Ibid., 19,936 (a), 19,947.)
795. In answer to a question as to how he discriminated between houses that should and should not
be ticketed, he said : —
We do not do it with reference to houses ; we do it with reference to tenements. I never ticket
where I do not have a suspicion that there is overcrowding going on, but wherever individuals, either
from information from neighbours, or owing to a complaint, are suspected of overcrowding, I usually
send the night inspectors at night to make a raid though the property, and we often find then when
they open the door, after persistent knocking, whether our suspicions are valid. If so, we measure
the houses and put these tickets on, after telUng the landlord that we are going to do so. (Ibid.,
19,937.)
796. The ticketed houses in Glasgow are practically all one- or two-apartment houses, there being
above 15,000 of the former and 7000 or thereby of the latter. (Fyfe, 19,870 (17) (19).) The ticketed
houses are occupied by all classes of people, tradesmen, artisans, casual labourers, etc. (Fyfe, 19,968.)
In the two years 1911 and 1912, overcrowding was foimd to exist in 6-5 per cent, of the total ticketed
houses visited by the night inspectors, a large proportion being cases of overcrowding by the tenants'
own famihes. Out of a total of 3005 overcrowded ticketed houses discovered in 1912, the Sanitary
Inspector states that 470 had only one-half in excess, 1247 had one adult in excess, and 1288 had over
one in excess. (Fyfe, 19,870 (20), 19,971-6.)
797. Through the courtesy of Mr Fyfe, who placed the services of his night inspectors at our disposal,
we were enabled, during the late hours of the night and the early hours of the morning, to visit personally
a number of these ticketed houses. There is a special stafE of inspectors for the purpose of the night
inspection. Each stafE of three pairs of sanitary inspectors is expected to make 100 visits per night
on four nights a week. They have a complete Ust of all the ticketed houses in the area. These houses
they visit usually after midnight, continuing their systematic inspection generally from midnight to four
o'clock in the morning. The inspection covers the farmed-out houses or " sublets " as well as the ticketed
houses proper.
798. The method of inspection is simple : the inspector, say at two in the morning, knocks at one
of the doors opening on a landing, or perhaps at more than one, mentioning that he is the " Sanitary."
Frequently, indeed usually, the inmates have to be roused from sleep, and the result is that the inspection
covers much less ground than house inspection in the daytime. At none of the houses visited by us did
we find any resentment against the inspectors.
799. In a group of ticketed houses in the Cowcaddens region we found the following : —
(a) A one-room house let at 9s. per month. Inmates, a man and a woman ; the house, though
within the prescribed cubic space, was badly ventilated and saturated with unwholesome smells.
(6) In another house of the group was a single man, an old-age pensioner ; ventilation was bad.
(c) In another there lived a woman and her son ; there was only one bed. The house was clean.
{d) In another house hved a woman and three children, aged 4, 3, and 1 respectively. Rent 2s.
The husband had night occupation as warder of a lodging-house.
(e) In another house, where the inmate had lived for nearly three years, a large " washing "
was hmig on a rope stretched across the room. There were two people who slept on the floor.
(/) In another there were two adults and three children, aged 3 years, 2 years, and 5 months.
Rent lis. a month. There were two box-beds.
(g) In another house on the same stair there were two adults and three children occupying the
one room. Rent 10s. 5d. a month.
800. In another stair there were 34 single-room houses and 7 two-room houses, 41 in all. These
housed about 160 people. The property was very old, and in the course of its deterioration it had been
broken up into single-room houses.
801. In the great majority of these single-room houses, indeed in almost all, the beds were box-beds
or beds placed in recesses that retain a good deal of the objectionable features of the box-bed. There
was, as a rule, little possibihty of through ventilation. In a very few cases the windows were open, and
in all cases there was a fireplace. In a few cases there was no bed at all in the recess, the inmates sleeping
on the floor.
802. In one room we found a woman with bronchitis ; hi another, a woman with a sore arm ; in
another, a man, woman, and young child. In the last case, the only furniture was a coal-bunker, which
served as a table.
Effects of Ticketing.
803. As will be seen, the system of ticketing entails night inspection and the rousing of the iimiates
from their sleep in order to admit the officer of the Local Authority. There can, we think, be Httle
doubt that the system is successful in detecting overcrowding, but the effects of the system are stated by
witnesses to be deleterious both to the occupiers -^id the properties. We have referred to the views of
the Medical Officer of Health of Birmingham on the point. These are supported by Mr Fyfe, whose
experience of the system is more extensive than that of any other Sanitary Inspector in Scotland. In
Glasgow, as we have stated, there are 22,000 ticketed houses, compared with about 7350 in Edinburgh,
3340 in Paisley, and about 2000 each in Dundee and Greenock. In Glasgow indeed there are probably
more ticketed houses than in the whole of the rest of Scotland. The experience of the Sanitary Inspector
of that City is therefore of special importance. He said quite definitely that the ticketing of houses has
a very deteriorating effect upon the property and the tenants, and that it is "a degrading thing to have-
' any family living imder conditions where they are apt to be stirred up at any time during the night by
' men coming in with lanterns and books and taking notes." He added : " If it could be done in any
' other way, it would be better." (Fyfe, 19,938, 19,940.) As Mr Fyfe did not suggest any other method
REPORT. 115
of controlling overcrowding, it would almost^appear as if, so far as he is concerned, lie does not think
that any less deteriorating method can be devised. Mr Fyfe's views were concurred in by Miss Ruther-
furd. Warden of the Queen Margaret Settlement. (Ibid., 22,366, etc.)
804. An unofficial witness from Glasgow, the Rev. David Watson, Minister of St. Clement's Parish
Church, Mile End, speaking of ticketed houses, said there is not the same difficulty in preventing over-
crowding in them as in the non-ticketed houses. He pointed out that the ticket shows the occupier
the number of persons that may sleep in the house. This " gives a sort of standard, and it pulls up the
' careless ones and prevents overcrowding, because they know that the Sanitary Inspector may be round
' any night." (Ibid., 22,451.) This same witness, on being asked whether ticketing was a remedy for
overcrowding, rephed that he thought an extension of the system of ticketing would be a good thing,
but he admitted that " when you put a ticket on a house you have stamped it with a certain character
' which, in the eyes of the decent working classes, is very sinister." He suggested that, instead of, as at
present, placing the ticket on the outside of the door, it should be placed inside. If this were done, he
saw no objection to the ticketing of all houses of less than three rooms. (Watson, 22,480-1 ; cf. Temple-
man, 35,933, from which it appears that in Dundee the ticket is placed inside the house.)
805. The late Sanitary Inspector of Edinburgh stated that it had not been his experience that
ticketing of houses had the effect of depreciating them. (Rutherford, 5755.) The Sanitary Inspector
of Paisley, on the other hand, stated that while the ticketing method worked out very well, he agreed
that one effect of ticketing was apparently to cause a certain deterioration of the property. The night
inspection, he said, was carried out only where there was reason to believe that the information obtained
during the day was not correct or reliable, and, in consideration for the occupiers, his inspectors did not visit
ticketed houses much later than 1 o'clock in the morning. (Kelso, 38,037-45.) The Medical Officer
of Health of Dundee indicated that ticketing had the efiect of deteriorating the property. (Templeman,
35,935.) The Sanitary Inspector of Coatbridge stated that he had not foimd that owners of property
resented ticketing, that ticketing was resorted to only where overcrowding was found to exist, and that
night inspections were not carried out unless he was absolutely certain that overcrowding was taking place.
(Dutch, 34,133-40.)
806. Our evidence shows that the system of ticketing, with its attendant night inspection, is successful
as a means of detecting and controlhng overcrowding. But we have no doubt that the night inspection,
whereby inmates are roused from their sleep, is open to great objection, more especially if the ticketing
of houses has not been carried out with discrimination. That the ticketing is so carried out, however,
appears usually to be the case. The evidence suggests that the sanitary officials do not resort to ticketing
unless they have good reason to suspect that overcrowding is taking place. In such cases day inspection
is not of much service, and apparently the night inspection is necessary. To quote the late Dr. Russell,
for many years Medical Officer of Health of Glasgow, and latterly Medical Member of the Local Govern-
ment Board for Scotland : —
Extraordinary powers, this right of entry and of night inspection, but no one who knows any-
thing of the habits of the people affected by them — the unskilled labourer and the grade lower still,
our criminal classes — can have any doubt of this necessity nor as to their efficacy and usefulness.
If you relaxed your repressive efiorts, the old state of matters would return in a few weeks. We
must not be restrained by any squeamishness about ticketing new property and so giving it an ill
name, if we find overcrowding has been transferred with the old tenants of our demolished houses.
If a landlord finds that such a process deteriorates the value of his property, then he must prevent
the overcrowding, otherwise ticketed it must be.
807. The only alternative to night inspection that was suggested to us was that by the Medical
Officer of Health of Birmingham, abeady referred to, viz. inspection on Sunday mornings.
808. In face of the opinions of the witnesses we have quoted, more especially those who are so
intimately acquainted with the conditions of life in the poorer districts of Glasgow, we cannot recommend
that the system of ticketing should be discontinued. Undesirable though it may be in many ways, it
is apparently necessary in the interests of public health. But we hope that, as time goes on, and as
more and better and larger houses are provided for the use of the poorer classes, and as the people become
educated to appreciate the value of a house which is a home and not a hovel, the need for ticketing houses
will diminish. We think that, as indicated by one witness already quoted, the ticket should be placed
inside the house and not on the outside of the door. This will obviate to some extent the deterioration
of the tone of the district and tenement, and the slight alteration in practice will not, we think, interfere
in any way with the control exercised by the Local Authority.
General Contbol of Overcrowding.
809. We now leave aside the question of ticketed houses and come to consider that of overcrowding
generally in houses other than ticketed ones.
On this subject we "think some amendment of the existing law is required. As already explained,
except in ticketed houses, farmed-out houses, houses let in lodgings, and common lodging-houses, no
definite standard exists by which overcrowding may be judged. For any house that is outwith these
classes, the standard of overcrowding is the general one of " injurious or dangerous to health." This,
as we have shown in Chapter X. on " Occupancy," is an expression capable of varying interpretations,
and consequently forms a barrier to effective control of overcrowding by the Local Authorities. We
think that the Local Authorities should not be impeded in their efforts to control overcrowding by having
to prove that the overcrowding is such as to be injurious or dangerous to health. Some simpler and
more effective method is necessary.
810. As we have shown, any standard at present in operation is a standard of cubic space per
head. We consider that this standard, which is already accepted, should, subject, as afterwards
explained, to the inclusion of a standard of floor space, now be supplemented by a general standard for
the determination of overcrowding. As overcrowding is not confined to smaU houses, any standard
fixed would, and should, apply to all houses, either new or existing, without any restriction as to size.
116 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
This would carry with it the right of entry and inspection by officers of the Local Authority, but this
is not in efEect a departure from the existing practice under the Public Health Act. Under that Act
the officers of a Local Authority can demand admission to any house of whatever size where they have
reason to believe that there exists a nuisance, e.g. overcrowding which is injurious or dangerous to
health. (Public Health (Scotland) Act, 1897, section 18.) There is no evidence before us suggesting
that the Local Authorities and their officials have used their present powers in a harsh or arbitrary way,
and we do not anticipate that the amendment we propose of the statutory requirement of jyroof of over-
crowding will make any difEerence in the official methods ;0f obtaining such evidence. The sanitary
officers are, as a rule, cognisant of the houses where overcrowding exists or is likely to exist, and they
may, we feel sure, be trusted not to exercise the right of inspection except where they have good reason
to believe that it is necessary.
811. As we have shown, a penalty is at once exigible in the case of overcrowding in a ticketed house.
A penalty is also exigible imder any byelaws for overcrowding in houses let in lodgings, etc. In regard
to other houses which, when overcrowding occurs, have at present to be dealt with as nuisances under the
Public Health Act, the procedure is somewhat different. Under that Act the Local Authority must,
before any proceedings for the removal of overcrowding are taken, serve a notice on the occupier requiring
him to abate the nuisance. As a result he very probably does so, and is not liable m any penalty unless
proceedings are taken as after mentioned. The Local Authority may, notwithstanding that the nuisance
has been removed, take proceedings in Court against the occupier if, in their opinion, the nuisance is likely
to recur or to be repeated. The sheriff or other magistrate who hears the case may, in addition to ordering
the removal of the nuisance where it still exists, grant interdict against the recurrence ; and where it
has been removed, he may grant interdict against the recurrence. Moreover, if he is satisfied that the
nuisance arose from the wilful default or culpable negligence of the occupier, and that the occupier had
previously been served with a notice from the Local Authority as to the nuisance, he may, in addition
to requiring the removal of the nuisance or forbidding its recurrence, impose a fine not exceeding £5.
(Public Health Act, section 22.) Penalties are also exigible for contravention of the decree or interdict
of the sheriff or other magistrate. (Public Health Act, section 24.) We consider that the procedure
should be made more direct ; a penalty should be exigible whenever overcrowding occurs, but we do
not consider that the penalty should be sued for, as a rule, on the first offence, and accordingly we recom-
mend that similar legal powers and penalties as we have suggested in Chapter X. for dealing with occupiers
who keep their houses in a dirty condition should be adapted to meet cases of overcrowding.
812. We have still to consider what standard of cubic space per head should be fixed for determination
of overcrowding. At present the generally accepted standard is one of 400 cubic feet per head for adults
and 200 cubic feet for each child under ten years of age. From the standpoint of health, on the assumption
that a room is maintained well ventilated, these figures are probably satisfactory. The Medical Officer
of Health of Dundee considers that they are sufficient. (Templeman, 35,843.) We think that the matter
cannot be dealt with entirely from the standpoint of health, and that it is desirable so to raise the standard
as to make available for the housewife and the family more working house-room. When one considers that,
assuming the height of ceiling as 10 feet — a not imcommon height in tenements- — 400 cubic feet allows
of only 40 feet of fioor space — that is, only 8 feet by 5 feet for an adult — it cannot be urged that the present
standard, more especially in the case of one- and two-room houses, errs on the side of liberality.
813. Accordingly we recommend, subject to the exception alter -mentioned as regards one-room
houses, that a standard of at least 500 cubic feet per adult person should be fixed. It has hitherto been
the accepted rule that children should receive only half the amount of cubic space allotted to the adult.
The Medical Officer of Health of Aberdeen (Professor Matthew Hay), on being asked his views as to
whether this practice was a sound one, replied that he considered that the amount of cubic space allowed
to children under ten years should be increased to three-fourths that allowed for adults. {Ibid., 41,549.)
We think, however, that as we are recommending an increase in the amount of cubic space per adult
person to 500 cubic feet instead of the present 400 cubic feet, the one-half standard for children under
ten years of age should remain, and accordingly we recommend that the new standard for children should
be 250 cubic feet. {Cf. J. Wilson, Appendix CXCII. 44.)
814. We recommend that these standards should apply to the country generally. It may be urged
that it is unreasonable to apply to houses in the smaller burghs and in the cotmtry districts the same
standard as to houses in the crowded parts of Glasgow, and that a lower standard should be fixed for
the former areas. We think this criticism is met by the suggestion in a subsequent paragraph, that by
means of byelaws each Local Authority will be able, subject to approval by the Local Government
Board, to fix the standard that they think most appropriate for the circumstances of their area. But
we consider that the statute should lay down a standard below which no Local Authority can go, and
the standards we suggest are, we think, the minimum that should be allowed either in the country district
or the crowded town. As Dr Chalmers, Medical Officer of Health of Glasgow, said, in answer to a question
whether the same size of room was needed in the coimtry as in the town, " You can just as readily exhaust
' the oxygen from the air of a room in the country as in the town." {Ibid., 20,34i)
815. While we see no reason for differentiating in respect of a minimum standard of overcrowding
between houses in different parts of the country, we think there are good grounds for doing so between
houses of different sizes. In another chapter (No:'XI.) we have dealt with the problem of the one-room
house, and have described the actual living conditions in such houses. Where the house is composed
of only one room, which is the living, cooking, sleeping, eating, and washing room all in one, it is, we think,
essential that a greater amount of space should be available than in the case of larger houses. We
recommend, therefore, that in houses of this size the amount of cubic space required per adult inmate
should be at least 600 cubic feet, and for each child under ten years of age at least 400 cubic feet.
816. But we consider that, in addition to a standard based on the principle of cubic space per head
there should be attached two conditions. These we suggest are : (1) that for the purpose of estimating
the amount of cubic space in a room there should be a reasonable limitation of height, and (2) that there
should be a satisfactory amoimt of floor space per person.
817. Upon these two points we would suggest that the standard height of rooms be taken as at
REPORT. 117
9 feet 6 inches, and that, in estimating the cubic capacity of dwellings, particularly of dwellings of one
and of two rooms, the imit of height should be 9 feet 6 inches, or less where the actual height permissible
by law is less. Unless such unit or standard be adopted, it will be found that the superficial area of the
room or rooms is sacrificed and unduly curtailed, because the height of the rooms may be excessive.
Thus, for instance, take a case where the height of the ceiling is (as in many of the old and spacious family
houses in tenements built a century or more ago), say, 12 feet. With a ceiling of this height it will be seen
that a floor area of 42 feet (thus ®i^^=41-6 feet) per person in the case of houses of more than one room,
or 50 feet (thus "^=50 feet) in the case of houses of one room, would suffice to meet the demand of
the new cubic standard proposed : such narrow restricted floor area, i.e. 42 feet and 50 feet respectively —
which would: moreover, be largely absorbed by the bedstead, table, and other bare furnishings— is quite
insufficient for the bare necessities, not to mention the ordinary convenience, of a home. Hence, if
9 feet 6 inches be the adopted imit, the floor space per person becomes at once increased by nearly one-
third — ^that is, from 42 to 53 square feet for a two-room house and from 50 to 63 square feet for a
one-room house.
818. We do not suggest that these minimum standards should be embodied in the statute merely in
substitution for the existing provisions. As we point out elsewhere in this Report, there are objections
to stereotyping in the statute standards or conditions that may, with the progress of ideas, rapidly become
obsolete. Accordingly we recommend that all Local Authorities should be required to make byelaws,
subject to the approval of the Local Government Board, regulating the amount of cubic space per person
that will be required in houses, and that the amount fixed by such byelaws shall not be less than those
we have recommended above. Until such byelaws have been framed and put in operation, the standards
we have suggested should be operative in the absence of byelaws. Further, it should be open to the
Local Government Board, in any case where they consider the Local Authority by means of their byelaws
have fixed or propose to fix too low a standard having regard to the housing conditions in the area of the
Local Authority, to require a higher standard to be provided, notwithstanding that the standard fixed
as proposed by the Local Authority is the minimum statute standard.
819. The question will naturally be asked — assuming overcrowding is found to exist judged by these
new standards, assuming also that such overcrowding is due not to the presence of lodgers but to the
insufficiency of the house for the number of members in the family of the householder, and further, that
the householder is financially unable to provide himself and his family with a house sufficient for their
needs, — ^What action is to be taken to diminish the overcrowding ? This subject of the poor occupier, and
the steps to be taken to secure him a house adequate to his needs, is discussed in our Policy and Recom-
mendations. That immediate steps are necessary in the interests of health and morals to deal with
overcrowding must, we think, be evident from the accounts we have given of the conditions under which
many people at present live. Where overcrowding is avoidable, the Local Authority should have no
hesitation in dealing stringently with the offenders. Where the state of matters is due to circumstances
beyond the control of the tenant- — and in many cases it is due, as our evidence shows, to his poverty —
such circumstances are no argument for permitting or acquiescing in overcrowding. Acquiescence
does not solve the problems that produce overcrowding, and we state elsewhere our policy for attacking
these problems on lines that within a reasonable period should lead to success. It is clear that over-
crowding can be dealt with only where the provision of houses of reasonable accommodation for the
overcrowded population simultaneously goes hand in hand with the resolute administration of the statutory
powers for the prevention of overcrowding. In Chapter XIII. we refer, under the heading " Houses Let
in Lodgings," to the question of overcrowding due to the presence of lodgers.
820. The natural corollary to the increase of the cubic standard suggested in the foregoing is an
increase in the cubic capacity required in new houses of one, two, and three rooms. As shown in
Chapter V., the Burgh Police Act of 1903 provides that, in new houses of these sizes, the cubic capacity
(exclusive of any lobbies, closets, presses, and recesses) must be 1000 cubic feet, 1600 cubic feet, and 2400
cubic feet respectively. We consider that these amounts ought to be raised, and that the cubic capacities
for new one-, two-, and three-room houses respectively should be 1620 cubic feet, 2430 cubic feet, and
3150 cubic feet, exclusive of window and of bed-recesses, and that in estimating these amounts no height
above 9 feet should be taken into account, and that 8 feet be the minimum height of ceiling. These
amounts would thereby ensure a floor space (on the 9-feet standard) for such houses of 180 feet, 270 feet,
and 350 feet respectively, exclusive of window and of bed-recesses, not, we think, by any means an
excessive floor space for houses of these sizes.
821. It is, however, conceivable that a house of two or three rooms, whilst satisfying in the aggregate
the new standards suggested above, may yet be under the dimensions in one or other of the individual
apartments, with resultant overcrowding in such apartment. This defect in the existing law has already
been pointed out. The resultant overcrowding Could, of course, be controlled by the application of the
new standard of overcrowding already suggested, but we think that, in addition, there should be a provision
regulating the minimum size of an apartment to be used as a sleeping-room, and that this provision
should apply both to existing and to new houses. We note in this connection that there is a provision
in the Aberdeen Local Act of 1907 to the effect that the cubic contents of every habitable room in any
house built after the passing of that Act must not be less than 600 cubic feet. (Matthew Hay, 41,334
(160).) We think that in this matter a distinction may be drawn between houses of two rooms and
those of larger dimensions. In houses of two rooms we consider that no room used as a habitable room
having less than 630 cubic feet should, in the matter of calculation of cubic capacity, be recognised as
a habitable room, and that no height in the case of new houses and no height in the case of existing
houses, exceeding 9 feet and 9 feet 6 inches respectively, should be taken into account in arriving at
this total. As regards houses of three rooms, we think that the minimum size of room recognisable for
cubic capacity as a habitable room might be 500 cubic feet (with a similar condition as above as to heights
of room) for new and existing houses respectively. Looking to the amount of cubic space we recom-
mend for new houses of this size, viz. 3150 cubic feet, we think this will enable the kitchen or living-
room and one bedroom to be of sufficient size for their special purpose, while the third bedroom could
be much smaller. (Cf. Wilson, Appendix CXCIL, 44.) As regards houses of more than three rooms,
118 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
we consider that no room to be used for sleeping purposes should have less than 500 cubic feet, the same
condition as to height of room above referred to being applicable.
Summary of Recommendations and Suggestions in Chapter XII.
(1) That in ticketed houses the ticket should be placed inside the house and not on the outside of
the door. (Paragraph 808.)
(2) That a standard of overcrowding should be fixed which should apply to all houses irrespective
of their size. (ParagEaph 810.)
(3) That the powers and penalties suggested as regards dirty householders in Chapter X. should
be adapted to meet cases of overcrowding. (Paragraph 811.)
(4) That, save as regards one-room houses, the standard of overcrowding should be at least 500
cubic feet per adult and 250 cubic feet per child under ten years of age. (Paragraph 813.)
(5) That in one-apartment houses the standard of overcrowding should be at least 600 cubic feet
per adult and 400 cubic feet per child under ten years of age. (Paragraph 815.)
(6) That in measuring the cubic contents of apartments of houses for the purposes of fixing the above
standards, the maximum height to be taken into account should be 9 feet 6 inches. (Paragraph 817.)
(7) That for the purpose of controlling overcrowding, all I^ocal Authorities should be required to make
byelaws regulating the minimum amount of cubic space to be allowed per person and child in houses ;
provided that the said amounts shall in no case be less than those recommended above, and that the
Local Government Board shall have power to require higher standards of air space ; provided, further,
that until such byelaws are in force, the standards above recommended should be operative in the
absence of byelaws. (Paragraph 818.)
(8) That the cubic capacities for new one-,, two-, and three-room houses should be 1620, 2430, and
3150 cubic feet respectively, exclusive of window and bed-recesses, and that in estimating such capacities
no height above 9 feet should be taken into account. (Paragraph 821.)
(9) That all rooms used as habitable rooms in existing and new houses should have a minimum
cubic capacity, viz. 630 cubic feet in houses of two rooms, and 500 cubic feet in houses of three rooms
and upwards. (Paragraph 821.)
CHAPTER XIII.
COMMON LODGING-HOUSES, HOUSES LET IN LODGINGS, AND
FARMED-OUT HOUSES.
(1) Common Lodging-Houses.
822. In Chapter V. we have set out the statutory provisions regulating the control of common lodging-
houses. These lodging-houses are to be found all over Scotland, from the small house in the comitry
village or rural town which may accommodate a few tramps, vagrants, out-of-works, or casual workers,
to the houses in the large cities accommodating perhaps several hundreds of lodgers, composed of all
sorts and conditions of men and women from the tramp, vagrant, or casual worker to the labourer and the
artisan. In the case of the lodging-houses in the large towns, differing from those in the country districts
and small burghs, the houses may, and in fact in many cases actually do, become the permanent home of
many of the occupants. (Cf. Dutch, 34, 109 ; Rutherford, 5, 699 (20).) To many of the residents the
Ufe and surroundings of the lodging-house are preferred to lodgings in a private house, and in any case
it is probable that many of the occupants whose earnings are small and whose work is irregular are more
comfortable in a decent lodging-house than in the kind of private lodgings they would be able to afford.
While many of the inmates are no doubt steady and industrious workers, others are of the irresponsible
and dissolute class. According to the Inspector of Poor of Glasgow, a large number of applications for
rehef come from common lodging-houses. (Motion, 20, 689 (13).) Another Glasgow witness alleged
that a great number of the women living in the women's lodging-houses in Glasgow were women of the
street. (Rutherfurd, 22, 346-56.)
823. Common lodging-houses are chiefly owned and conducted by private persons, but some of the
larger Corporations have established municipal lodging-houses, e.g. Glasgow has 7 such houses, Aberdeen
1, Paisley 1, and Leith 1. There are, we are informed by the Local Government Board, according to the
most recent return (that for 1914), 423 common lodging-houses in Scotland, of which 18 belong to Local
Authorities. The most of the lodging-houses are naturally in the large centres of population and in the
industrial districts. Thus 86 of these are in Glasgow, '21 in Edinburgh, 48 in Greenock, 12 in Dundee,
9 in Leith, 6 in Aberdeen, and 7 in Paisley. Wherever any new works are begim necessitating the em-
ployment of navvies or casual labour, lodging-houses are quickly established by private enterprise. One
such case is Rosyth, in the neighbourhood of which there are several lodging-houses, one of which,
accommodating over 600 men (Davison, 4, 634 (4)), was specially built to meet the demands for accom-
modation by the labourers who were attracted to this great work. In some places, e.g. Glasgow and
Edinburgh, lodging-houses are provided exclusively for women ; in other places, while some of the
lodging-houses are used solely by men, others accommodate both men and women. As has already been
explained in Chapter V., the power of making byelaws for the regulation of common lodging-houses
includes a power to make a byelaw dealing with the separation of the sexes. In Edinburgh, by a local
Act of 1896, the Corporation are empowered to register common lodging-houses " in classes," and by this
means have secured the successful carrying out of the separation of the sexes. Of the total lodging-
house population in Scotland, it would seem that the common lodging-houses in Glasgow can accommodate
over 13,000 persons (Report by Sanitary Inspector for 1914) ; those in Edinburgh over 2500 (Rutherford,
5699 (20)); in Dundee over 800 (Templeman, 35,836 (23)); in Aberdeen 720 (M. Hav, 41,334 (202)); in
Paisley 1066 (Kelso, 37,911 (45)) ; in Leith 1000 (Bishop, 5996 (28)) ; in Coatbridge 1243 (Dutch, 34,107).
824. Previous to the establishment of common lodging-houses, it would appear that the class of
REPORT. 119
population that frequents them was principally housed in private lodgings. When, for instance, the
Glasgow Improvement Trust began in 1870 to clear out the slum areas and to consider how best to rehouse
the dispossessed, it was found that a large proportion of the people were lodgers. It was felt that these
lodgers when dispossessed of their shelter would seek a similar class of shelter elsewhere and intensify
the overcrowding in the homes of the poor. Such lodging-houses as did exist were undesirable.
Accordingly the Corporation of Glasgow, in order to improve the conditions under which these people
lived, erected, between 1871 and 1879, seven model lodging-houses in different parts of the city. (Dr
Russell in Public Health Administration in Glasgow, p. 243 ; see also Chalmers, 20,406.) According to
the Sanitary Inspector of Glasgow, the erection of these lodging-houses by the Corporation was, done with
intent to show how this homeless section of the population might be housed in a sanitary way. To these
houses the name " Model " was given ; and private individuals, reahsing the success of the undertaking,
took the matter up and built more " models " which went beyond the Corporation houses " in the matter
' of comfort and conveniences." (Fyfe, 20,135.)
825. In addition to these common lodging-houses the Corporation of Glasgow have built a " Family
Home," which was opened in 1896, for the convenience of widowers with young children. It contains
144 rooms, each with sleeping accommodation for " two and a half " adults. In this home there are
lodged a weekly average of 123 men, of whom 58 are widowers with 131 children. The children are of
all ages, from a few months old to 15 years, and are lodged and attended to by matrons and nurses. They
are boarded at an average charge of Is. 8d. per week each, while the father.s are supplied with meals at a
cheap tarifE. (Menzies, 20,434 (3).)
826. The Aberdeen Corporation Lodging-House was erected in 1897. Its average daily number of
inmates is 152. The charge for each inmate is 5d. per night. For this he has a good sleeping cubicle,
and has the use of a well-equipped kitchen with a large cooking range, as also the use of a washing-house
and fixed hot-water foot-baths, and of a good recreation room. An ordinary hot bath can be got for a
penny. The revenue has never in any year been sufficient to meet the expense of running the lodging-
house, the annual deficiency being about between £500 and £600. (M. Hay, 41,334 (55).) Apparently
the scheme has been criticised as extravagant (41,374), but it would seem that the principal cost lay in
the new building provided, whereas other lodging-houses are generally adapted from old buildings, and
on that accoimt can be run more cheaply with a smaller capital expenditure. Probably the reason of
the failure of this one to pay its way lies in the fact of the prosperity of the city, for the house has never
been fully let. It was put up at a time when there was a good deal of activity in the building trade,
and it was finished about the time when the boom was passing ofE, and hence the number of working
people who might have occupied it was diminished. At the same time it is only fair to say that there
are other large lodging-houses in the city, owned by private enterprise, which are fairly well fitted up and
decently looked after, and that manage to pay their way. (M. Hay, 41,374, 41,375.)
827. As already stated, Leith and Paisley have each a Corporation Lodging-House. The Leith
house was erected in 1894 on the most modem lines at a cost of £8833 (including the cost of the ground
and the furnishings of the house). It has accommodation for 200 lodgers. There is a surplus of income
over expenditure of £145 per annum (Bishop, 5996 (7)), but it has not apparently paid its way all along
since the commencement. According to the Convener of the Public Health Committee, " it is only
' paying now that the debt has been brought down very much." (Lindsay, 6057.)
828. As an instance of a common lodging-house owned by one of the smaller Local Authorities,
we may mention that belonging to the Town Council of Forfar. The Local Authority, instead of retain-
ing the management in their own hands, let the house to a tenant. We visited this house, and found
that the arrangements were not at all desirable. The number of separate rooms for married couples
was insufficient, with the result that wards were used without partitions or any attempt at privacy.
On the day of our visit we saw a woman with a newly-born infant in an open room with four or five beds
in it ; and although such cases are generally sent to the maternity ward of the poorhouse, the woman in
charge of the lodging-house said she was in the habit of attending to such cases. (Peffers, 34,612 ff.)
829. As regards common lodging-houses provided by private enterprise, their accommodation and
the conditions in which they are kept vary largely. The Sanitary Inspectors who appeared before us,
and who in virtue of their appointment as Sanitary Inspectors act also as Inspectors of Common Lodging-
Houses, testified that these lodging-houses were on the whole well kept and managed. As part of their
mission work, various religious bodies have established common lodging-houses. We visited two of
these houses, one in Perth and one in Leith, and were pleased with the arrangements and the general
air of comfort and homeliness about each of the two houses.
Necessity for Common Lodging-Houses.
830. Probably the chief arguments in favour of common lodging-houses he (a) in the provision of
housing for casual labour ; (6) in the housing and control of a somewhat careless class ; (c) in the easier
supervision of the above classes in the interests of public health. The Medical Officers of Health for
Edinburgh, Aberdeen, and Dundee all speak of the advantage of such control from the health point of
view (M. Wilhamson, 5839 (25) ; M. Hay, 41,334 (55) ; Templeman, 35,960, 35,965, 35,973) ; while
other witnesses speak of the common lodging-house as a necessity where there is a casual population,
and where casual labour is required with some regularity (Frew, 3097) ; or for the housing of those way-
farers who, in any case, would be outwith family life, and would otherwise find shelter in " lodgings."
For these the discipline and control of a common lodging-house are distinctly of advantage. (Mann,
21,495 ; cf. also Fyfe, 20,137 ff. ; Bishop, 6195.)
831. At the same time many of the witnesses agree that life in a common lodging-house is not elevating.
The Medical Officer for Glasgow — where, it must be noted, there are lodging-houses provided and managed
by the Corporation which are probably the best of their kind — is very strong in his condemnation. He
speaks of the lodging-house population as a " permanent sore on civilisation." (Chalmers, 20,408.)
He considers it a more serious problem than that of domestic overcrowding, which trouble it was intended
to some extent to alleviate. But there is no doubt that, in his opinion, this method of housing has had an
unquestionably bad effect (Chalmers, 20,408, 20,430 ; cf. also Motion, 20,9?2 ; Braid, 3627 (9)), and this
120 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
is confirmed by the evidence of Miss Rutherfurd, Warden of the Queen Margaret Settlement, Glasgow,
who thinks that there is no need for the large number of common lodging-houses in Glasgow, and
especially objects to the housing of women on this system. Certain of the women thus housed would,
she considers, be better in the poorhouse and others could find houses of their own, if this encouragement
to live in lodgings did not exist. (22,164, 22,167, 22,348.)
832. In a discussion of the use or even the necessity of common lodging-houses, the three classes
should be kept distinct. It might very well be that in some places where employment was brisk, and
even where it came in fits and starts, a Trades Hotel, such as is to be found at Coatbridge, might fulfil a
very useful purpose. There seems no reason why in such circumstances accommodation of the nature
of an hotel should not be provided where the worker could stay, either for a short period while there is
special pressure in a particular trade, although work might be too uncertain to make it worth while to
transfer his family, or in the case of a man who is young and unmarried, who might be more comfortable
in such a well-ordered house than in a crowded lodging. At present it is distinctly stated that men
of a superior class keep clear of the common lodging-house (Davison, 6203); they go to boarding-houses
when they can find them. Also that men of good character desire privacy and " greater homeliness of
environment " than can be found in the present kind of establishment. (Sims, 5828 (16) (32), 5902.)
This is borne out in the experience of Messrs Easton Gibb at Rosyth, who informed us that instances
had arisen there where men could not obtain private lodgings, as the tenants of houses where lodgers
were kept (see Chapter XVII., dealing with Housing of Navvies) declined to take them in owing to their
being so badly clothed. These men had perforce to go to the Model Lodging-House until they could
somewhat improve their position, but as soon as they were able to do so they transferred themselves to
the private lodgings. For this better class of working men, it is not an extension of the Scottish type
of common lodging-house we would desire to see, but something in the nature of an hotel with moderate
prices, which could be used as a temporary expedient. (Cf. Chalmers, 20,431.) For the casual labourer
also, as he follows his job through the country, some habitation must be provided, and common lodging-
houses, regulated and controlled, are probably necessary for him. We do consider, however, that common
lodging-houses are not suitable places for children. We would hope that the rising standard in house
accommodation which we recommend will influence, if only indirectly, the standard set up for lodging-
houses, and that the byelaws regulating these will gradually adjust themselves to the new and better
standard.
833. But common lodging-houses can never be accepted as a means of permanent housing for the
poorer classes, and those we saw in some of the big cities have left a peculiar impression of desolation and
degradation. The larger the house is. the more it must be regimented ; and as the numbers grow, ideas
of individual comfort, and of homeliness sink into the background. There is considerable force in the
contention of the Sanitary Inspector of the Dimfermline District, that the size of a common lodging-house
should be restricted to accommodate not more than 200 lodgers. (Davison, 4699.) But whatever the
size determined on, it should be kept in mind that nothing good can come from the indiscriminate herding
together of hundreds of men (618 at the Naval Base, Inverkeithing ; while from 300 to 600 in one house
is a common figure in Glasgow) without responsibility, civil or domestic. But even with better byelaws
and a smaller number of inmates, the common lodging-houses in our cities can only be regarded as a
makeshift, a convenient receptacle where the vagrants and the unemployables can be warehoused ; and
danger lies in extending their number and thus making it more easy for their population to be added to.
834. So far as any amendment of the existing statutory provisions regarding common lodging-houses
is concerned, we have not received any e\'idence to show that these are in any way insufficient to secure
the necessary control. The Legal Member of the Local Government Board has, however, pointed out
that the making of byelaws for the regulation of common lodging-houses is optional on the part of a Local
Authority. (Macpherson, 2 (489).) We consider that there should be an obligation on every Local
Authorit}^ -nithin whose district there is a common lodging-house to frame and enforce such byelaws.
We further consider, having in view our recommendations as to the fixing of a minimum cubic space
standard for purposes of controlling overcrowding in houses generally, that the minimum we there
recommend, viz. 500 feet, should be the minimum allowed in byelaws for common lodging-houses.
(2) Houses let in Lodgings.
835. In Chapter XII., dealing with overcrowding, we have referred to the overcrowding due to the
presence of lodgers, and in Chapter XIV. we set forth the evidence showing the extent to which
the practice is followed in the mining districts of subletting part of a house to a separate family. In
Chapter V. we have detailed the statutory provisions in the Public Health (Scotland) Act, 1897 (section 72),
whereby a Local Authority, by means of byelaws, may exercise supervision over a house or part of a
house that is let in lodgings or occupied by members of more than one family. As shown in Chapter V.,
these byelaws are useful as a means of controlling common lodging-houses which, by the expedient of
raising the charge per night above sixpence, may not be subject to the statutory provisions and byelaws
regulating common lodging-houses. {Cf. Rutherford, 5699 (21) ; Matthew Hay, 41,334 (203).)
836. The powers under the section referred to above to make byelaws appear generally to be sufficient,
but, as pointed out above, many of these houses let In lodgings are in reality common lodging-houses, and
escape control as such by charging more than sixpence per night. The Medical Officer of Health of
Aberdeen is strongly of opinion that the Local Authority should have discretionary power to compel
the registration as a common lodging-house of any house let in lodgings where the number of lodgers
exceeds six, even although the sum paid for each night was as high as ninepence. In some of these so-
called houses let in lodgings, he says, as many as fifty persons are accommodated ; and, while he thinks a
distinction is desirable between common lodging-houses and houses let in lodgings, he considers that the
Local Authority should be given discretionary powers as to whether or not a house shou'd be registered
as a common lodging-house or a house let in lodgings. (M. Hay, 41,334 (203), 41,507-8.) The three
important differences between the statutory provisions dealing with the two sets of houses are : — (1)
that common lodging-houses jequire to be registered annually, (2) that there is power to remove such
REPORT. 121
houses from the register, and (3) that specific power is given to make byelaws for the separation of the
sexes in common lodging-houses. The statute does not make provisions for these matters in the case
of houses let in lodgings, though, in regard to the third point, we notice that the Model Byelaws of the
Local Government Board for bouses let in lodgings contain a byelaw providing for the separation of the sexes.
837. It may well be that the houses let in lodgings of the type referred to by the Medical Officer of
Health of Aberdeen should be subject to the same measure of control as common lodging-houses, and we
therefore adopt his recommendation, that the Local Authority should have power to require the registra-
tion as a common lodging-house of any house let in lodgings. We think, however, that, in order to
prevent any abuse of this power, and to prevent any possibiHty of well-conducted houses where lodgers
are kept being classed as common lodging-houses, there should be a right of appeal on the part of the
occupier and owner of the house let in lodgings to the Local Government Board against any proposal
of the Local Authority so to register the said house as a common lodging-house.
838. One witness has pointed out that the powers conferred on Local Authorities for controlling
houses let in lodgings ape defective in respect that no provision is made requiring the keepers of such
houses to apply to the Local Authority for registration thereof, or to give intimation that they are keeping
their dwelling-houses as houses let in lodgings. He accoidingly suggests that all parties who intend
keeping lodgers should be required to intimate the fact to the Local Authority and obtain the approval
of the Local Authority to their doing so. (Dutch, 34,089 (17) (18), 34,130-2") We are not convinced
of the necessity or expediency of the requirement suggested, and we think its operation would be attended
with hardship and inconvenience, and would, in point of fact, be in many cases unworkable. No
doubt it would simplify the efforts of the Local Authority to detect and control overcrowding in houses
where lodgers fire kept, but the disadvantages in our view easily outweigh this advantage. If, as we
suggest elsewhere in this Report, a systematic housing survey is made, and if regular periodic
inspections of houses are made by the staffs of Local Authorities— which staffs, as will be seen, we
consider should be considerably augmented for the duties falling or proposed to be put on them,— we
think that cases where overcrowding exists or is likely to exist will be readily detected or become known
to the officers of the Local Authority, and that it will be unnecessary to interfere to the extent
suggested with the present practice of keeping lodgers.
839. According to present administrative practice, byelaws for houses let in lodgings are not adopted
by Local Authorities or required by the Local Government Board except where the special circumstances
are such as normally lead to serious overcrowding of the available houses. These byelaws are not pressed
merely on the ground that every house with a lodger is necessarily a house to be registered and placed
under systematic inspection. The determining factor in the case is the presence, or periodic presence,
or the persistence of overcrowding. The byelaws are regarded primarily as additional instniments placed
in the hands of the Local Authorities and their officials to prevent and control overcrowding. The statute
does not lay down this condition ; but experience has shown that unnecessary hardships and interference
with the privacy of well-conducted families are apt to result from excessive regulation and inspection.
Accordingly, we suggest that the application of byelaws for houses let in lodgings should be specifically
groimded on the persistent or periodic existence of overcrowding. But the inspection for overcrowding
can be no real remedy for the inadequacy of the house-supply where, for industrial reasons, the population
is constantly increasing. Where, on the other hand, the influx of people is periodic, as at many holiday
resorts, and where the chief seasonal industry is the letting of houses in lodgings, the case is different,
and here the regiilations may be applied stringently without any serious risk of oppressive and unmotived
interference with private families.
840. The witness referred to in Paragraph 838 suggests also that Local Authorities should have power
to make byelaws prohibiting two persons (the witness is evidently here referring to persons of different
sexes) occupying one room in a house let in lodgings unless in the case of husband and wife. (Dutch,
34,089 (18).) We have already pointed out that, while no specific power is given to make byelaws for
the separation of the sexes in houses let in lodgings, the Local Government Board's Model Byelaws contain
such a byelaw. If, however, there is any doubt as to the competency of such a byelaw, we recommend
that defijaite power to make byelaws for this purpose should be given to Local Authorities.
(3) Farmed-out Houses.
841. The difficulties attendant on the control of farmed-out houses are experienced by but a few
Local Authorities, for it is only in two or three of the larger cities that such houses exist. Our e\ndence
shows that the irregularities associated with the control of these houses persist more particularly in
Glasgow, Edinburgh, Leith, and Greenock.
842. In Qiapter V. we have set out the existing powers in regard to farmed-out houses. The defini-
tion of farmed-out houses in section 72 (2) of the Public Health (Scotland) Act, 1897, is extremely
restrictive. To come within the definition a house must be of one or two apartments — accordingly, if
it contains more, it is outwith the definition ; it must be taken on lease by the person letting the lodgings —
consequently, if the person who lets is the proprietor, the definition does not apply ; and it must be let
as furnished apartments— so that if let unfurnished the definition will not apply. It would appear that
farmed-out houses that do not come within this restricted definition are not subject to the control of the
Local Authority.
843. Before, however, we proceed to discuss further the question of powers, we shall give a brief
description of the farmed-out houses and their occupants.
844. Number of Farmed-out Houses. — Information is not available as to the number of farmed-out
houses in Scotland, but that the problem of suitable and effective control is by no means a small one is
evidenced by the figures available for Glasgow, Edinburgh, and Leith. In Glasgow — according to a
statement prepared by the Chief Sanitary Inspector, Mr Eyfe, to be laid before the Parliamentary
Committee that inquired into the Glasgow Corporation Provisional Order, 1914 — there were, in 1914,
1434 farmed-out houses, 981 of one room and 453 of two rooms. Tliis statement also showed that the
number had nearly doubled between the years 1901 and 1914, and that in the latter year there were nearly
122 ROYAL COMMISSION ON HOUSING IN SCOTLAND,
4000 persons living in farmed-out houses, of whom about a fourth were children. In Edinburgh, according
to the report for 1914 of the Chief Sanitary Inspector, there were in that year 375 farmed-out houses,
with accommodation for 1376 persons. In Leith there were, according to evidence given before us in
1913, from 200 to 220 such houses, accommodating between 800 to 1000 persons. (Lindsay, 5988-9.)
In Greenock thev are not prevalent (Devine, 33,207 (54)) ; there are none in Dundee or Aberdeen
(Templeman, 35,836 (24) ; Matthew Hay, 41,334 (205)).
845. Ocau.'pations and Character of Occupants. — ^According to information obtained by us in Glasgow
from house farmers, the occupants of farmed-out houses are dock labourers, hawkers, casual labourers,
and people " who have come down in the world." It was also stated that people coming from the country
looking for a house or for work sometimes put up at such houses for a time till they get settled.
(Appendix LXX., 1. ; cf. also ,J. A. Young, 40,465 ; Henry Watt, Appendix, CLXXXIX., (8) ; Rutherford,
Appendix XXII.)
846. As regards the character of the occupants of such houses, the evidence shows that, while there
are some respectable people hving in farmed-out houses, the occupants as a rule are not a very desirable
class. The Medical Officer of Health of Edinburgh says a large proportion are thriftless (Maxwell
Williamson, 5654) ; the Rev. Dr Watson, Glasgow, characterises them as " the unskilled, ujidisciplined,
' vicious, and degraded," and savs that " 99 per cent, are there through drink, improvidence, and laziness."
(Zfcw^., 22,379 (10) ; c/. Appendix LXX., 4 ; Rutherford, 22,1-55: Coultate, 23,809 ; Rutherford, Appendix
XXII.) In the statement prepared for the Parliamentary Committee already referred to, Mr Fj^e states
that 50 per cent, of the couples who occupy farmed-out houses are there through drink ; 20 per cent,
through having lost their homes owing to idleness or illness ; 10 per cent, are " peripatetics," and the
remaining 20 per cent, are " fallen women."
847. Sanitary Condition, and Cleanliness. — The byelaws which a Local Authority may frame imder
section 72 of the Public Health Act, 1897, appear to give ample power to secure that the farmed-out
houses to which the section applies are kept in a decent sanitary and cleanly condition. The habits of
the occupants and the want of sufficient sanitary inspection probably account for the fact that some
witnesses report that the houses and the sanitary conveniences are not kept in a clean condition. (Cf.
Campbell, 33,007 (18).) The Medical Officer of Health of Edinburgh, on the other hand, records his
experience as showing that these houses are kept on the whole in a cleanly condition. (Maxwell William-
son, 5657-9, 40,717 ; cf. J. A. Young, 40,473 ; Devine, 33,322 ; Coultate, 23,816.)
848. Charges or Rents. — It may at once be said that the farmed-out house is not a cheap house. To
qiiote the Convener of the Public Health Committee of Edinburgh Town Council, " they are dear houses.
' It is not the people who cannot pay rents who occupy these houses, because they are paying 7s. 7d. a
' week." (Yoxmg, 40,465.) One witness, who was examined in Glasgow and who hved in a farmed-out
house, was asked why, with the wage he was earning, he didn't have a house of his own. He repUed that
he preferred living in the farmed-out house as it enabled him to move about more freely to jobs in difEerent
parts of the country. (Appendix LXX., 7.) According to the information obtained by us in Glasgow,
the usual charge is Is. for the first night, and 8d. or lOd. for each night thereafter. The charge is usually
paid nightly, but in some cases weekly. In respect of these charges, there are supplied beds, sheets,
blankets, bed-mats, chairs, tables, cooking utensils, etc. The occupants have to do their own cooking
and pay extra for coal and gas. While many occupants merely stay for a night or two, others stay for
considerable periods, some extending into years. (Appendix LXX., 2 and 3 ; cf. Bishop, 5996 (31) ;
Robertson, 2039.) We ourselves visited some of these houses in Glasgow. In many places the furniture
was a vanishing quantity ; beds consisted of rags or bags or remnants of mattresses laid on the floor,
while the bed clothing had lost its identity.
849. Various witnesses speak to the huge profits made by the house farmers. (Cf. Robertson, 2039 ;
Motion, 21,203 ; Watson, 22,472 ; Maxwell Williamson, 5666 and 5668 ; Bishop, 6155.) Some Glasgow
house farmers, however, urged that owing to the common practice by single-night occupants of stealing the
articles of furniture, the high charge had to be made to compensate for such losses. (Appendix, LXX., 6.)
850. Immorality in Farmed-out Houses. — The plea for further powers to control farmed-out houses
appears to rest almost entirely on the ground that these houses are very largely resorted to for immoral
purposes ; and the evidence before us clearly shows this to be the case. {Cf. Robertson, 2039 ; Coultate,
23,780 (28) (1), 23,809 ; Dr Watson, 22,379 (9), 22,429 ; Rutherfurd, 22,152 ; Motion, 20,689 (12).)
As already stated, the Sanitary Inspector of Glasgow estimates that 20 per cent, of the occupants are
prostitutes ; an inquiry some years ago in Leith showed that 33 per cent, of the farmed-out houses
were occupied by prostitutes. (Bishop, 5996 (29).) The Medical Officer of Health of Edinburgh, in
answer to a question whether these houses were used as brothels, replied he hardly thought they were.
He added, however, that the character of the occupants was " of the very worst," and that from the
moral point of view there were grave objections to these houses. (Maxwell Williamson, 5656, 40,719 ;
cf. Rutherford, 5699 (21).) It was also admitted in evidence before us in Glasgow by house farmers
that the houses were used by prostitutes, but it was alleged that it was not always easy to check this,
as strangers coming invariably said they were husband and wife. (Appendix LXX., 4.)
851. Our evidence is supported by the precognitions prepared for submission to the Parliamentary
Committee that inquired into the Glasgow Provisional Order, 1914, some of the persons who were pre-
cognosced going so far as to say that, in certain districts of the city, the houses were chiefly or largely
occupied by prostitutes.
852. We do not consider it necessary to repeat or summarise the evidence under this head. We
hold it clearly proved that these houses are frequented and used to a very considerable extent by persons
for immoral purposes. This state of matters may be accounted for by defective management, and
according to the evidence given before us and that prepared for submission to the Parliamentary Com-
mittee on the Glasgow Provisional Order already referred to, many of the proprietors practically connive
at and encourage it, the tenants or house farmers being in many cases yoimg women who are prostitutes.
{Cf. Watson, 22,379 (10).) The houses, too, are open to all hours, and there is evidently no difficulty
in securing admittance, no matter how late the hour may be.
853. When regard is had to the type of persons inhabiting these houses, it is regrettable to find that
REPORT. 123
yoting children are found in them. (Rutherford, 5741, and Watson, 22,379 (9).) It is needless to say
how undesirable the conditions are for the upbringing of children.
854. Necessity for Farmed-ont Houses. — The evidence as to the need for f armed-out houses is- con-
tradictory. Bailie Lindsay, Leith, is of opinion that the f armed-out house should be controlled rather
than suppressed. (Ibid., 5984 (5), 6226.) Dr Maxwell Williamson, Medical Officer of Health of Edin-
burgh, holds that in a large commimity such houses, properly controlled, are " very essential," as giving
temporary accommodation to married couples ; but he considers that to ensure that there shall be no
abuse of such accommodation, the Local Authority should have power to license, and withdraw the
license from, such houses. {Ibid., 5662.) Tlie Rev. Dr Watson, Glasgow, points out that the abolition
of the farmed-out house would not abolish prostitution, and that a house of this kind is required for
hawkers who travel about the country and stay for a longer or shorter period in towns and cities. But,
he adds, they should be registered and licensed. {Ibid., 22,379 (11) ; 22,424 et seq.)
855. The Inspector of Poor of Glasgow, on the other hand, considers that the community would
not suffer by the sweepmg away of this class of house. (Motion, 21,137, 21,143.) This view is con-
curred in by Miss Rutherfurd, Warden of the Queen Margaret Settlem^t, Glasgow, and other witnesses
from Glasgow. {Ibid., 22,158, 22,250 ; qf. Coultate, 23810-13 ; M'Kellar, 22,835-7 ; Parish, 23,193,
23,211.) A witness from Greenock is of the same opinion. (Campbell, 33,087-8.)
856. Necessity for Further Legislation. — We are convinced of the necessity for further legislation
to enable Local Authorities to control more effectively this class of house. We do not, however, regard
it as a practicable step to abolish these houses, as some of the witnesses suggest. In the present state
of society, the farmed-out house appears to be necessary, in the larger towns at any rate ; but, while the
existing law is probably sufficient to secvire that the farmed-out houses coming within the present limited
de&iition are not kept so as to be a danger to the public health, additional powers seem necessary to
secure not only an extension of this definition, but also that as far as possible farmed-out houses should
not be resorted to for immoral purposes. '
857. The necessity for these further powers has already been pressed on the central departments
concerned. Sir John Lindsay, Town Clerk of Glasgow, stated, in giving evidence before us in November
1913, that five years previously he had submitted to the Secretary for Scotland and the Local Govern-
ment Board the necessity for an amendment of the Public Health Act so as to enable more control to
be exercised over farmed-out houses, but that though it was promised that the matter would be taken
into consideration, nothing was done. Accordingly, he said, that as Glasgow could not wait any longer
on the promised general legislation, the Corporation proposed to apply to Parliament for the necessary
powers for Glasgow. (Lindsay, 23,349.) The powers sought by Glasgow in their Provisional Order
of 1914 {vide Appendix LXXXIII.) were, however, not granted. In 1913 the Corporation of Edinburgh
obtained the special powers already referred to in Chapter V., but, as the Medical Officer of Health says,
the Corporation did not get the powers they wanted. (Maxwell Williamson, 40,749.) The proceedings
before the Parliamentary Committees who considered the Edinburgh and Glasgow Bills seem to indicate
that the Scottish Office objected to the special powers desired by these Corporations on the ground that
the whole question of the regulation of farmed-out houses was so closely connected with questions of
morality that the matter was one for a public Act of Parliament rather than for a Provisional Order.
858. We consider that there should be no further delay in introducing legislation to enable Local
Authorities to control more effectively these houses. The need for legislation on this subject is experi-
enced by only a few Local Authorities, but these are the large municipalities, and we think they should
now receive the additional powers for which they have agitated so long. We recommend that the follow-
ing additional powers should be conferred on Local Authorities :—
(1) That (following the lines of the precedent of the Edinburgh Act) the Local Authority should
have power to declare to be a farmed-out house any house which they have good grounds for believing
to be so managed or conducted as to require special supervision and control by the Local Authority and
their officers.
(2) That there should be an appeal to the Local Government Board by the owner and occupier
of such house against the decision of the Local Authority.
(3) That in addition to being subject to the byelaws that may be framed under section 72 (1) of
the Public Health Act, such houses should be the subject of byelaws in regard to —
(a) The keeping and well-ordering of such houses (including the lighting, furnishmg, and general
arrangements of the houses ; the suitability and character of the tenant or keeper ;
and the keeping of a register of the names and occupations of the persons occupying
such houses) ;
(6) The separation of the sexes in such houses ;
(c) The fixing of the hours for closing such houses for the night for letting purposes, and for
providing that persons found in such houses after the hour so fixed shall be reckoned
as among the persons occupying such houses ;
{d) The' prohibiting of persons under sixteen years of age residing in such houses, imless they
so reside with their parents or guardians.
(4) That application should be made to the Local Authority yearly by the keeper of the house for
renewal ol the registration of the house, that the Local Authority should have power to refuse renewal
of registration, that when renewal of registration has been refused, lodgers shall not be received into
the house so long as the Local Authority do not withdraw their resolution declaring the house to be a
farmed-out house. If renewal of registration is refused, there should be an appeal to the Local Govern-
ment Board on the part of the keeper.
(5) That no person shall act as keeper of a farmed-out house unless he (or she) has been registered
by the Local Authority, who should have power to refuse or withdraw registration at any time.
(6) That the owner or keeper of a farmed-out house may at any time apply to the Local Authority to
have revoked the resolution declaring the house a farmed-out house, and that if the Local Authority refuse
to comply with the application the owner or keeper should have an appeal to the Local Government Board.
124 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Summary of Recommendations and Suggestions in Chapter XIII.
(a) Common Lodging-Houses.
(1) That there should be an obligation on every Local Authority within whose district there is a
common lodging-house to frame and enforce byelaws for the regulation of common lodging-houses,
and further, that the minimum cubic space per person provided for in such byelaws should be 500 feet.
(Paragraph 834.)
(b) Houses let m Lodgings.
(2) That the Local Authority should have power to require the registration as a common lodging-
house of any house let in lodgings, with a right of appeal on the part of the occupier and owner of the
house let in lodgings to the Local Government Board against any proposal of the Local Authority so
to register the said house as a common lodging-house. (Paragraph 837.)
(3) That the application of byelaws for houses let in lodgings should be specifically grounded oh
the persistent or periodic existence of overcrowding. (Paragraph 839.)
(4) That definite power should be given to Local Authorities to make byelaws for the separation of
the sexes in houses let in lodgings. (Paragraph 840.)
(c) Farm£d-out Homes.
(5) That the additional powers for the control of farmed-out houses, as detailed in Paragraph 858,
be conferred on Local Authorities. (Paragraph 858.)
CHAPTER XIV.
MINERS' HOUSING IN SCOTLAND.
(1) Historical Introduction.
859. — Special Importance of the Problem. — ^As already indicated, the origin of the Commission was
directly due to the representations made to the Secretary for Scotland by the Scottish Miners' Associa-
tions. Our Remit includes the housmg of all classes of the Scottish population ; but, as the result of
the preliminary Reports prepared for the Local Government Board at the request of Lord Pentland, it
was decided that the case for an investigation into the housing of miners was so overwhelming that we
were directed to make special inquiry into housing in the mining districts. Accordingly, we considered
it our duty not merely to obtain very full evidence on the conditions of housing in the mining communities,
but also to inspect personally typical areas in the chief mining counties — ^Midlothian, Linlithgow, Fife,
Lanark, Ayr, and Stirling. The evidence laid before us by witnesses we have thus been able to confirm
by direct observation. Our visits of inspection were made principally during the six months before the
War. The masses of evidence adduced and the records of observations made constitute a valuable
body of evidence on all the problems connected with the housing of miners, and, in order to convey a
substantive impression of our investigations, we are compelled to devote to the mining section an ex-
ceptionally large proportion of space.
860. But, as will be shown later, the amoimt of space is not disproportionate to the magnitude of the
industry concerned. The mining industries, including shale-mining as well as coal-mining, necessarily
give rise to special housing problems ; for the organisation of the industries is determined by the geological
situation of coal seams or shale beds, not, as in many other industries, by the availability of power and
accessibility to the sea. Frequently, as in the recently simk shafts at Valleyfield in West Fife, the mine-
owner sinking such shaft is the only employer having any interest in providing houses near the new shaft.
Where, as in Lanarkshire, several mining shafts are within a short distance of each other, existing towns
or towns resting on other industries may be in a position to provide adequate housing ; but, as a rule,
even in the special mining areas of Lanarkshire and Ajrrshire, the houses have been placed as near as
practicable to the mining shafts. The housing of miners, therefore, has a very direct and special relation
to the nature of the mining industry. The industry requires considerable numbers of houses all approxi-
mately of one class. The convenient sites are not always the best drained or the most easily laid out.
For these and several other reasons, the housing of miners presents a series of special problems.
861. Historical Development.- — These problems are not of recent growth. The history of the industry
is not without relevance to the conditions of to-day ; for, in some areas, the houses built more than
120 years ago continue to be occupied, and, in at least one place (Bo'ness), a mine has been continuously
worked for over 100 years. In such an industry it was to be expected that customs should become too
firmly rooted to be easily changed. Where fathers, grandfathers, great-grandfathers, and even great-
great-grandfathers can be counted in the history of the same local industry, tradition naturally becomes
a governing factor in the life of the villages. Here and there the shadows of the early bondage of
miners seem still to affect the miners of the present generation. This seems to "be the only explanation
of the idea, frequently encountered all over the nlining fields, that the miner's house was really a part
of his wa ges and that half a crown a week should be the maximum rent. In the early days of the industry
the " tied house " predominated. In certain localities it continues to predominate. As the industry
has developed and transit has been better organised, the " tied house " has lost its general predominance ;
but probably it is still, in the minds of some communities, a relic of the bondage days. The house is
still very largely regarded as a piece of the mining plant, not as a place of free tenancy. There is, however,
abundant evidence to show that, where the housing conditions have been improved, the personal interest
of the miners in their houses tends to increase. The following historical notes, therefore, have a distinct
bearing on present-day conditions.
862. We are informed that in the year 1592 special concessions and protection were given by the
Scots Parliament to miners and salters because " they were dailie in the hasart. of their lyves be the evill
REPORT. 125
' air of the saidis mynes." Unfortunately, certain acts of fii-e-raising raised a strong prejudice against
the miners ; and the Act of 1592 was repealed and in 1606 an Act was passed by which colliers and salters
were brought into a bondage as severe as that which existed in the fourteenth century and quite as cruel
as that to be found in the wilds of Africa. This Act prohibited anyone from employing any collier,
coal-bearer, or salter without a sufficient testimonial from their last employer ; and in the event of thek
being employed without such testimonial, the master from whom they came had power to claim them
within a year and a day, in which case the employer was bound to deliver up the worker within 24 hours
under a penalty of £100 Scots ; and such deserting colliers as had received " fair wages and fees " were
to be held as thieves and pimished in then- bodies. {Acts Parliament Scots, vol. iv. p. 286.)
863. The existence of this state of servitude through the seventeenth and eighteenth centuries must
be borne in mind in considering the social development of the Scotch coalfields. In 1775 an Act pro-
viding for gradual emancipation was passed, but proved ineffective. A young miner who had begun to
work in the pits after 1775 felt that he could not leave his father, who was " thirled " to a colliery, and
go to a new work. Hence it was that withm a quarter of a century the Government was forced to move
and bring in the 1799 measure, which declared that " many colliers and coal-bearers still continued in
' a state of bondage from not having complied with the provisions, or from having become subject to
' the penalties of the said Act." It was, therefore, enacted that from and after the passing of the 1799
Statute "all the colliers in that part of Great Britain called Scotland, who were bound colliers at the
' time of passing of the Act, shall be, and are hereby declared to be, free from their servitude."
864. Even this Act was robbed of its full efiect by a rigorous system of long contracts which then
gi-ew up. In 1840 a Parliamentary Commission was appointed to inquire into the conditions of women's
and children's labour in mines. Commissioners visited many collieries and mining towns and villages in
Scotland, and in their reports, issued in 1842, they give us many interesting glimpses (1) of the housing
conditions of the mining population, and (2) of the conditions of labour in the pits of 73 years ago.
At many collieries the Commissioners found women at work in the pits, while boys and girls of
from seven to eight years of age were daily being dragged down the mines by their parents, and were put
to work for which they were quite unfitted. Strange to say, that ia Mid and East Lothian, within a
few miles of the City of Edinburgh, the conditions of labour were discovered to be much more revolting
than in any other county in Scotland. The Commissioners found that in the Lothians women and
young girls (" bearers ") were engaged in the work of carrying coals in baskets on their backs for long
distances undergi-ound and up stair pits to the siu"face. Although not so bad as in the Lothians, con-
ditions were bad enough in other counties in Scotland, and as the result of the reports by the Commissioners
an Act was passed by Parliament on 10th August 1842 prohibiting the employment of women and girls
in mines, and stipulating that boys should not be engaged in pits under ten years of age. The Act became
operative on 1st March 1843.
865. The Commissioners of 1840 found that the housing conditions in many mining centres were of
a piece with the work in the pits. Mr Franks, in his report, deals at considerable length with the housing
in East Scotland. He says : " The domestic condition of the collier population presents a deplorable
' picture of filth and poverty. I took the opportunity of examining many of the witnesses at their own
' dwellings, in order that I might become well acquainted with this branch of the inquiry, and it would
' indeed be difficult to witness a more disheartenuig spectacle. The hut is a wretched hovel, perhaps
' 10 to 12 feet square, in which a family of from six to ten individuals are huddled together ; two bed-
' steads, and sometimes only one, nearly destitute of covering, generally a few stools, sometimes the
' hanging of a chair, and some damaged crockery, fowls, occasionally a pig or jackass, dogs and whatever
' animals it may chance they possess, share the room with the family, and the only objects of comfort
' which present themselves are the pot and the fire over which it invariably hangs. The almost general
' absence of all furniture is to be attributed, as the women and men told me, to its giving inconvenience
' ' in flitting.' There is generally an absence of all drainage, and the filth, etc., of each cottage is accumu-
' lated before the door, not even in many cases placed on one side ; indeed, there is rarely any other
' deposit for filth except the entrance to the dwelling." (Report by Robert Hugh Franks in Blue Book,
Art. I., Commission on Mines, 1842.)
866. In 1844 the Government appointed Mr Tremenheere, Inspector of Mines, to visit Scotland, and
report on the administration of the new Act. Writing of the typical colliery village of Lanarkshire, Mr
Tremenheere says : " The common form and arrangement of the colliers' and miners' houses already
' described prevails here very generally ; that of long rows, single or one behiad the other, or in parallelo-
' grams, containing from 20 to 100 houses or more together. They have no upper storey, and consist
' solely of a room on each side of the door. The general characteristics are crowded rooms, dirt and
' untidiness within and without, neglect of garden-ground, where there is any, and all other indications
' of a population either regardless of, or not in a position to observe, the comforts and decencies of
' domestic life." The Commissioner also obtained evidence from other parts of Scotland. For instance,
Mr J. Johnston, Manager of the Redding Colliery, Stirlingshire, says : " One-third of our houses are single,
' the rest are double, or a house and a half. We cannot get them all to keep them as clean as we could
' wish. In 1832 we went through them all, whitewashed them, and furnished the people with bedsteads,
' blankets, etc., and cleared everything away about the doors. Since then their habits have greatly
' improved. Pefore that most of them slept on straw ; four or five do so still." In the county of Fife,
in 1843, the accommodation provided in most mining villages was meagre in the extreme. At many
collieries the custom was to let houses of one room to newly married people, and two rooms to men with
families. The ceilings were low and the windows small, and earthen floors were the order of the day.
Little attention was paid to drainage.
867. At the same time, in some districts an improvement had begun to be felt. At Shotts, in
Lanarkshire, about 26 houses had been built by the colliers, with a little initial assistance from the
coal-owner through the agency of a building society to which they paid 2s. 6d. per week. At Coaltown
of Wemyss, Fife, and Newbattle, Midlothian, improved houses were being erected ; and it is interesting
to note that these two districts to-day possess some of the best miners' houses in the East of Scotland.
It is apparent that conditions such as those described by Mr Franks and Mr Tremenheere in the middle
126
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
of the nineteenth century to some extent explain, if they cannot really excuse, the persistence of the
conditions which we are about to describe in the older rows in the twentieth century.
(2) Chief Mining Counties of Scotland.
868. The Mining Population. — In order to indicate the magnitude of the problem, we append the
following table compiled from the Census Report of 1911, giving the number of (1) workmen below
ground, and (2) total employed about the mines in the six principal mining comities of Scotland.
Coimty.
Lanarkshire
Fife
Ayrshire
Stirlingshire
Midlothian
West Lothian (Luilithgowshire)
Xotal ■■•••••
Deducting Glasgow, Edinburgh, and
Leithf
Total
" Population
dealt with "
(Census).
1,400,088
259,787
261,973
155,560
485,756
76,542
2,639,706
1,292,326
1,347,380
Employees
working below
Ground.
54,390
24,340
13,202
10,345
10,260
9,768
122,305 *
Total
employed
and about
the Mines.
64,961
28,577
15,491
12,493
12,567
7,260
141,349
* According to the Report for 1911 of the CJovemment Inspector of Mines the total number of workpeople of all
ages, male and female, employed underground and above ground was 138,377.
t The number of miners resident in Edinburgh and Glasgow, though considerable, is small relatively to the total
populations. Thus the figure, after deduction of these two cities and Leith, is the more accurate, though it does not
allow for the non-mining portions of the counties.
Even allowing for the fact that in many cases more than one member of the family works as a
miner, it is clear that the total population of coal miners (apart from miners in ironstone, shale, etc.)
with their dependants cannot be far short of half a million.
869. Burghal and Landward Distribution of Mining Population. — This large population, amounting
to about one-tenth of the inhabitants of Scotland, is housed partly in burghs and partly in landward
areas. In the burghs some miners hve in types of house similar to those occupied by other wage earners ;
but in some others — for example, Hamilton, Coatbridge, and Dmifermline — ^tJiere are to be foimd " Miners'
' Rows " that are at once recognisable as of the same type as those in the landward villages. On the other
hand, in some of the county districts, large aggregates of population, amounting occasionally to 15,000
persons are imder county government. Such are Blantyre and Larkhall in Mid-Lanark. In those
places a clear majority of the population are directly engaged in coal mining. (Dr John T. Wilson^
Report on the Housing of Miners, Lanarkshire (1910), pp. 100, 212.) Thus, in the mining districts, the
apparent distinction between burghal and landward commmiities is more than usually indefinite. The
differences between the administrative powers of burghs and counties are not reflected in the external
differences of the commmiities. An Inspector of the Local Government Board stated that " a Sanitary
' Visitor would not be able to distinguish which were biu'ghs and which were not in Fifeshire as regards
' their administration." (Dewar, 791.)
870. Certain Comnton Features. — In spite, therefore, of the differences in administrative control
the mining communities, whether burghal or landward, show certain common features, and this is true
of the various coalfields of Scotland. In all the coalfields there is a well-marked difference between the
oldest houses and the newest, between the worst and the best. But there are also great differences
between the different coalfields. The differences are showii in such mutters as the proportion of old
houses, the prevalence of overcrowding, and the current sanitary standard. Fife and the Lothians,
whose development has spread over a long period, show great varieties of housing, and broad distinctions
between the older and newer villages. On the other hand, Mid-Lanark shows, in its mining villages,
a uniformity of house structure, a monotony of village plan, and a congestion of houses that are probably,
to a great extent, due to the very rapid development of its mines during the middle and end of the nine-
teenth century. In our accomit of the different types of miners' housing, it is inevitable that the worst
conditions should receive most prominence ; but the general impression given can hardly be more de-
pressing than the reality. It is worth recalling tliat Mr Walker Smith's estimate of " new houses re-
' quired," on the double test of overcrowding and iminhabitability, amoimts to 18-59 per cent, in the
mining districts, as compared with 9-27 per cent, in the large burghs of Scotland as a whole, and 12-11
per cent, in the small burghs. (See above. Chapter III.)
871. The evidence on which the following sections are based is chiefly drawn from representatives
(1) of the Central and Local Authorities ; (2) of the coalowners, by whom a large proportion of the houses
are provided ; and (3) of the Miners' Unions, of which the largest is the Lanarkshire Miners' Union, with
over 40,000 members. (Gibb, etc., 26,365.) We have also used the reports by the medical ofiicers
issued in 1910-1912 at the instance of the Local Government Board (see Chapter I.). These vary from
a few pages in the Annual Report of the Medical Officer of Health for Ayrshire to an elaborate and detailed
volume of 242 pages, with plans and illustrations, in the case of Lanarkshire. As already stated, we
REPORT. 127
have checked the various descriptions by personal observations in the counties of Lanark, Fife, Ayr,
Midlothian, West Lothian, and Stirhng.
(3) Sites and Plans of CoiXieby Villages.
872. Determining Conditions. — Li the mining industry, three principles appear to have influenced
the selection of sites and the planning of villages ; first, the necessity for labour convenient to the mine ;
second, the commercial necessity to economise on the provision of houses as part of the mining plant ;
and third, the speculative risk involved in the hmited hfe of the mine. Li the selection of sites, probable
proximity to the mine was the predominant factor. Frequently, mines had to be sunk at a considerable
distance from populous places and in areas that would not natm'ally have been chosen as building sites.
Hence, in the case of older villages, " the site was often ill-chosen, and no consideration was paid to the
' nature of the soil, subsoil dramage, excavation of soil imdemeath floors, etc." (Dr Robb's Report
(1912), page 7 ; c/. Dobson (Sanitary Inspector for Mid-Lanark), 36,835 (2).) Li the areas inspected by
us, it was the exception to find that, in the]selection of a site, any attention had been paid either to the
nature of the soil or subsoil, or the amenities or exposure.
873. Li the planning of the villages, the hne of least resistance has, for the most part, been adopted ;
the iouses, built of the cheapest available material, are arranged in the cheapest form, viz. the straight
row. Usually the rows are arranged in parallel Imes ; occasionally the grouping is varied by " the
' square." But, whether arranged in rows or in squares, the greater number ol the villages show so Uttle
consideration for the conditions of life demanded in a modern town, that privies, ashpits, washhouses,
and other outhouses have usually been erected in the most conspicuous places, and on the most primitive
designs. How gross the conditions contuiue to be in a large number of the villages, the detailed descrip-
tions given below will demonstrate ; but, to speak generally, the design of a colUery viUage is succinctly
expressed in Dr M'Vail's description of a typical mining viUage in Stirhngshire or Dumbartonshire.
874. " The village consists of one or more rows of brick or stone or slated houses, opening on a
' private roadway for cart traffic, with a surface channel for di'ainage beyond the roadway, pillar wells
' at intervals beside the channel ; a series of blocks of outhouses beyond it ; and small gardens or clothes
' drying-greens on the further side of the outhouses."
875. Of the Fife coalfields, Dr Dewar remarked that the general improvement in modern miners'
houses did not seem to have extended to the setting of the houses. Planning and arrangement he regarded
as by no means unimportant ; but it was the aspect in which the recently formed and recently extended
mining centres of Fifeshire showed least favourably. He also criticised the want of provision of garden
ground in some places. (Report on the Housmg of Miners in Fifeshire (1909), Paragraph 33. Of. state-
ment in evidence, 764 (30, 59 f.).) These strictures do not apply universally, as in some mmiug com-
munities the taste for gardening is highly developed, but they apply very widely. It is, however, satis-
factory to note that quite recently, not only as regards gardens, but in the matter of planning of the village,
a reaction against the old careless and monotonous arrangement of the " rows " has begun to make itself
felt on the side both of the mineowners and their employees. (D. W. Robertson, 6718 (12 li.), 6860.)
The general improvement is, however, very recent. Among the best miners' dwellings seen by us in
Lanarkshire was a viUage of 127 houses erected about the year 1905 by Messrs Wm. Baird & Co. The
houses, of two and three apartments, were well built of brick on the double-flatted plan, and had con-
veniences better than the average. But the number placed on the site was considerable, "' between
26 and 27 per acre " (Forgie, 25,840 (32)), though it was sm-rounded by open fields ; and the arrange-
ment of the houses in parallel straight fines, with washhouses, etc., placed at mathematical intervals
between the rows, gave a bare and monotonous appearance. Small garden plots had been set aside,
but were not made use of. (See plan in Dr Wilson's Report, pp. 168-171.) There is, however, a growing
tendency to condemn the straight row. (J. Wilson, 3997 (74) ; D. W. Robertson, 6865 f . ; G. Fraser,
31,115 (6, 7).)
876. At VaUeyfield (Fifeshire), and, in a less degi-ee, at Kii'kconnel (Dumfriesshire); and elsewhere,
a definite attempt has been made to reach a more pleasing lay-out. VaUeyfield is a carefully designed
new viUage. The site is admirable. The amount of open space is very generous. The houses are
arranged in crescents. Each crescent has a certain proportion of three-room houses, and a certain pro-
portion of two-room houses — each house with scullery, w.-c. and — ^in many of the houses — bath, with
hot water' from the kitchen range for bath and sink, and garden. Every house has a back door
openuig to the garden. This apparently small detail has been found a great practical convenience in
the management of the smaU houses. On the other hand, it has one drawback : it enables the tenant
to subdivide his house into two houses of one room each, with one entrance from the front and one from
the back. This has actually happened even in this new viUage, which, at the time of our visit, still had
some houses unlet. The village is only partly built ; it will be completed as the VaUeyfield ColUery
develops. The usual general conditions of housing are fulfiUed — drainage, water-supply, and removal of
refuse. When the village is completed, and the public buildings essential to the life of such a com-
munity— a school, a hall, reading and recreation rooms and churches — are established, this viUage will
have all the machinery necessary for a sound civic life.
877. Since we visited VaUeyfield in 1913 a number of houses have been built in pairs, with
suitable garden ground to each. Similar provision of houses in pairs, with garden, has been made at
Shotts, in county of Lanark.
878. In Mid-Lanark, the viUages recently erected at Harthill and Cleland by the District Committee
of the Middle Ward have been planned in the Ught of the latest views on garden villages. The contrast
between the depressing monotony of the ancient rows and the graceful variety of the new villages is very
striking. No doubt the type of house provided is a factor in the general pleasing effect ; but the arrange-
ment of the houses is an equally essential factor. For the sake of economy, the cottages are built in groups
of two, and occasionaUy in groups of four ; but nowhere is the dreary monotony of the long row repeated.
879. How far the speculative factor in the life of a mine has operated in inducing the owners to pro-
vide houses of inadequate stnicf ure, it is impossible to determine ; but it is certain that the failure to close
128 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
uninhabitable houses has frequently rested on the allegation that the life of the mine was about to end,
and that the houses would soon become automatically derelict. In some areas the life of the mine has
ended ; but it has been found that the houses were transferred to other owniers. But, in other areas,
where the mines were alleged to be approaching exhaustion, they are still in full operation, and the defec-
tive houses continue to be occupied.
(i) Other Defects of Site and Arrangement.
880. There are, however, serious defects of site in many mining villages, quite apart from defective
or haphazard arrangement of the houses. In some cases a badly-selected site throws real difficulties
in the way of improvements of sanitation by making satisfactory drainage difficult. (J. T. Wilson,
36,974 fi.) In other cases the only outlook of the cottages is upon the " bings " of the pit at which the
men find employment, varied in the case of the ironworkers' cottages by " old, obsolete properties,"
workshops, or needless walls, which cut off all view from the windows. (Gavin, 37,356 ; c/. Irvine,
27,385 (15).) Where this is the case something might even now be done by way of improvement.
881. We may give an idea of the conditions referred to by describing the surroundings of two
Lanarkshire "rows" which we inspected. In one case near Hamilton, the site of the cottages was
very low lying, a road running past their backs at a considerable elevation, and a large " bing " shutting
out all view in front. They were back-to-back houses, for the most part of a single room ; and the out-
side privies were peculiarly offensive, even for Lanarkshire. The roadways were in bad condition. In
another group of houses in the BeUshill district we noted a dirty combined ashpit and privy ; the premises
being grossly exposed and looking, at the time of our visit, as if they were never cleaned. The streets
were seas of liqiud mud ; the gutters broken in places ; and there seemed to be no idea of draining off
the surface water either from the general area or from the floors of the latrines. At the same time we
noted the cleanliness of several of the interiors of the houses, showing that the housewives at least were
not responsible for and had not descended to the level of their surromidings.
(5) Improvement of Design and Maintenance.
882. That there is no inherent impossibility in designing a mining village effectively is shown by
the lay-out of the Garden Village at Woodlands, Doncaster. But the responsibility for the external
amenity of a mining village cannot, unfortimately, be taken as ending with a good initial design. On
our visit to Woodlands we were struck by the fact that in the upper and more closely built portion of the
village there was a degree of neglect of the surroundings of the houses which, to a considerable extent,
neutralised the benefits of the original plan. Nor is it surprising that those brought up in the sordid
siuToundings of a typical old-fashioned coUiery village in. Scotland, or the north of England, should not,
in every case, at once respond to the improved external conditions of a village such as Woodlands. The
indiscriminate keeping of poultry, and the scattering of the contents of ashbins were cited by the architect
of the Fife Coal Company as tending to lower the standard of upkeep even in the better rows. (D. W.
Robertson, 6718 (H).) But these are matters which can only be set right with the raising of the standard
of occupancy through education ; and this process cannot begin until the present foul congeries of middens,
ashpits, and coal-sheds are cleared away from the fronts of the houses in the older rows, while it can cer-
tainly be stimulated by better design of the villages of the future.
883. It seems clear that fuiiiher powers are needed, whether under the Town Planning Act or ex-
tended byelaws, to enable Local Authorities to control the site and plamiiug of all new villages. There
is imdoubted weight in Dr Dewar's further statement that : —
The want of power in the hands of the Local Authorities ... to regulate the formation and
laying out of new villages . . . and of elaborating and devismg their general arrangement and dis-
tribution before actual building is permitted to be commenced, is fraught with a menace to the
welfare of the community for a hundred years to come. {Annual Report for Fifeshire for 1909,
page 172.) '
(6) Gardens in Mining Villages.
884. There are three other matters of sufficient importance to be mentioned here, viz. gardens,
roads and footpaths, and lighting.
885. A reference has akeady been made to the absence of cultivated gardens m certain even of the
more progressive mining communities of Fife, though ground can be had ; and the same observation would
apply to the West of Scotland. From this it may be deduced that the miner has no taste for gardening,
and it certainly appears that the arduous nature of his eight hours' work below ground must naturally
make him disinchned to " work another shift " when he comes to the sui'face. (Dewar, 1112 ff.) But
the examples of several villages in the Fife coalfields, of Cowie in Stirlingshire, of Larkhall in Lanark-
shire, and Niddrie in Midlothian show that this is not necessarily the case, but that, under favourable
cil'cumstances, the miner shows great taste for and skill in gardening. The three chief conditions to be
fulfilled if this is to be developed are ; — (a) sufficiently prolonged tenure of his dwelling and garden ;
(6) the adequate fencing of the latter ; and (c) proximity of the garden to his house.
886. Where there is constant shifting of the-fliining population, then, as among farm servants, the
taste for gardening cannot develop ; but when families remain long in the same village, either as
tenarfts or, still more, as occupying owners, their gardens are often the subject of genuine pride. (R.
Ramsay, 19,287 f. ; Gibb, 26,642 ; Paul, 26,253 (17).) Thus it happens that, in some villages, especially
in East Fife, good and well-cultivated gardens are associated with houses of a somewhat poor and anti-
quated type, the reason being that these are inhabited by families who have worked long and steadily
in the same locahty. In the same district good houses and good gardens are found in conjunction, but
in this case also there has been continuous residence. The manager of the Wemyss Coal Company said
in this connection that the occupants of most of the Company's houses " have been resident in East Wemyss
' and Buckhaven, their fathers and grandfathers, and sometimes their great-grandfathers, before them ;
' and although the houses are modern (the old houses have been pulled down and new ones put up), the
REPORT. 129
' families are there, and they have always been accustomed to keep a nice house and a good garden."
(Kirkby, 7264.) It is also worthy of note that, where occupying ownership is common among miners,
as in the Windygates district (East Fife) and at Larkhall,' gardens are numerous and well kept. One
miner, in Larkhall, when his garden was compulsorily taken by the railway company received £400 in
compensation. (Dewar, 1131. Dr Wilson's Report, page 43.)
887. In a new village, however, much depends on the extent to which the incoming miner finds the
garden plot prepared. It should not be too large, as it was found at Kirkconnel that the large gardens
originally provided were not taken advantage of until they were reduced to a more easily managed
size. They also need some preparation by the company. (J. Wilson, 4108.) But the chief point is
that they should be adequately fenced — a point on which various witnesses laid emphasis. (D. W.
Robertson, 7054 ; Adamson, 7525 ; R. Nicol, 38,749 ; M'Roberts, 26,639 ; Sulhvan, 26,894 (28) ; Barr,
27,498 f.) At Woodlands, where, as already stated, the upper part of the village showed signs of
neglect, we were informed that the company hoped to remedy this by improving and strengthening the
fences. (Gatley, 25,748.) One witness laid great stress on the necessity of having direct access from
the house to the garden. (M'Vail, 5274 ; see photographs of gardens at Cowie in his Report on
the Housing of Miners in Stirlingshire and Dumbartonshire, 1911, p. 54.) But it was stated by a
leading representative of the miners that, whore this was not possible, small garden allotments
might be provided a little way off. In this case, if the whole garden ground is fenced, the individual
plots do not need to be. (Adamson, 7583 ff.) The last point was confirmed by a visit paid by
us to two reconstruction schemes privately carried out some years ago in the burgh of Hamilton, the
bouses having been chiefly tenanted by miners both before and after reconstruction. Small areas of
waste ground have been used to pro^^de garden plots of 260 square feet, which have been taken up and
worked by the tenants, with encouragement from the proprietor, who holds a competition and gives
prizes every year ; and the success of the scheme has been most gratifying. The offering of prizes has
also helped to promote successful gardening in the Cowie district. (Bain, 19,240 ; Moffat, 27,301 ; J. S.
Brown, 38,805, 817 ff.) It was stated by Sir Thomas Mimro, the County Clerk of Lanarkshire, and also
by one of the representatives of the Mid-Lanark District Conamittee, that a demand is beginning to arise
among certain of the miners for small allotments to work in their spare time ; and Sir Thomas Munro
suggested that, if the provision of allotments could be combined in the same scheme with that of houses,
the results would be excellent. (Munro, 27,593 (41), 25,704 ; Lambie, 36,839.)
888. If Local Authorities receive and exercise in the future larger powers to control the lay-out of
new villages, they can in this way secure the provision of garden groimd ; but it must rest with the pro-
viders of the houses to promote the actual gardening. If this coiild be generally brought about it would
do a great deal to redeem the mining villages of the future from the drab monotony of the past.
(7) Roads and Footpaths.
889. In the evidence from all the chief coalfields reference was made to the extremely defective roads
and footpaths which are common in mining villages. As representing the public health ofiicials of
several different districts, we may quote the following from the Sanitary Inspector for the Dunfermline
District of Fife :— " Witness has in many reports referred to the very bad condition of the side streets
' or roads in mining villages. These roads in many cases have not been properly bottomed and drained,
' and in consequence they become covered with mud several inches deep in wet weather. The mud is
' carried with the boots into the houses, and it is impossible to expect that the floors can be kept clean
' while the roads are in such a state." (Davison, 4634 (29) ; Lindsav, 5088, 5206 ; Dobson, 36,835 (45) ;
cf. C. F. Macdonald, 37,534 (27).)
890. Dr M'Vail called attention to a photograph in his Report (p. 43) showing a row of " good
' modem houses " with no external doorsteps and no footpath outside, and pointed out how the children,
constantly running in and out from the ash-covered roads, made it impossible for their mother to keep
anything but a dirty floor. His report calls attention to the extent to which the comfort and amenity of
life in any village are influenced by the condition of the roadways within it. (M'Vail, 5305 ; Report, p. 56.)
891. Some strong expressions were used in this connection by the miners' representatives, but
after some personal experience we could hardly take exception to their strength. It was stated that in
one village in Stirhngshire the roads in wet weather " resembled the miniature bed of a river," and that
in another case the Sanitary Inspector had to leave his vehicle at some distance from the village lest
it should get stuck in the mud. (Doherty and Barr, 27,465 (11, 18) ; 27,562 f. ; r/. Lee, 17,804a (6 c).)
In Ayrshire the difficulty seems particularly acute, perhaps because of the number of isolated " rows "
at a distance from a high road. The representatives of the Miners' Union quoted several instances of
excessively dirty roads and footpaths, but remarked on the great improvement caused in one row by
the laying down of a clean concrete footpath. (M'Kerrell and Brown, 26,661 (14, 29, 58 ; c/56).)
892. On the employer's side the evidence varied somewhat, and represented a variety of practice,
while it was claimed that considerable improvements had been made. (D. W. Robertson, 6913 ; Borland,
27,188.) The manager of the Wemyss Coal Company expressed himself as satisfied with the footpath
made up with ashes in ordinary circumstances (Kirkby, 7361) ; but Mr Forgie, speaking for Messrs William
Baird & Co., said, " We are providing all new rows with from 5 to 7 feet wide granolithic pavement
' adjoining the houses, and are also doing this gradually at our older rows. We provide and maintain
' well-made streets, roads, and footpaths where required." Witness added that part of the deteriora-
tion of service roads was due to the immensely heavier traffic, including many delivery vans, which they
now have to carry, and stated that it was difficult to persuade the Local Authority to take over roads
even when they had acquired a definitely public character. (Forgie, 25,840 (78) ; 26,106 ff.) The
manager of the Lochgelly Coal Company spoke of the reluctance of landward as compared with burgh
authorities to undertake this service, and the same point was spoken to by the representatives of the
Ayrshire coalmasters. (Paul, 26,313 ff. ; Borland and Stevenson, 27,183 ff.) The County Clerk of
Ayrshire was disposed to admit that " it might be quite a proper thing " for the Road Authority to
take over a number of- the roads leading only to small colliery villages. He said the only difficulty was
9
130 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
that in practice it would mean a very large addition to the road mileage for which the District Committees
were responsible. (Shaw, 37,716 S. Witness explained that the working rule was that before roads
were taken over they " must be put into good order to the satisfaction of the road surveyor," and the
proprietor must " show that the rate derived from the property to be accommodated by the road will
* be sufficient to maintain it " — which ought not to be difficult in the case of mining commimities.)
893. As against the criticism of landward Local Authorities by the coalmasters, we have to take the
complaint regarding many of the owners of miners' houses by officials of the Mid-Lanark District Com-
mittee. They stated that in the original lay-out of building land, while attention was paid to the structure
of the houses, little or none was paid to surroundings and means of access — as indeed we have seen to
be the case ; and also that, when complaints were lodged in regard- to the disrepair of roads, all that
has been done is " a little patch from year to year, with the result that matters have never improved."
(J. T. Wilson, 37,162 f. ; Ross Young, 43,342.)
(8) Powers regarding Roads and Footpaths.
894. But, even though there may have been a disposition in more than one quarter in the past to
shirk responsibility for the provision of proper roads and footpaths in mining villages, it was made quite
clear by various witnesses, including those last quoted, that the statutory powers of control in landward
areas are insufficient. The defects in the statutory powers have already been referred to (see Paragraphs
162, 172, 173, 174, and 176 in Chapter V.), from which it will be seen that there are practically no powers
for county areas outwith special scavenging districts to secure the proper upkeep of private streets
and footpaths. It seems clear that this matter should be dealt with on the footing that suitable access
is necessary to every habitable dwelling rather than imder the " nuisance " clause of the Pubhc Health
Act. (J. T. Wilson, 37,164 fE. ; cf. Dr. M'Vail's Report, p. 56, where he mentions that a sheriff had at
the date of writing recently given a decision that a road might be a " nuisance " simply through its
muddy and dirty condition. ) The decision just referred to will not necessarily be followed by other sheriffs.
895. To a considerable extent the difficulty would be met if all Local Authorities, in counties as
well as burghs, received authority to approve of the sites of and access to new houses. As regards the
upkeep of private streets and footpaths, there seems no reason why the powers which county Local
Authorities at present possess, but which are exerciseable only in Special Scavenging Districts, should
not be available outwith these districts, and we recommend that at least this additional power should
be given. At the same time we consider that the maintenance of roads should in future devolve largely
on the Local Authority. There is a steady movement in favour either of the main through roads being
taken over and maintained by the State or of a substantial grant being given from State funds to assist
Local Authorities in the upkeep of these roads. It is recognised, we think, that the main roads are in
no sense local, and that the nation as a whole should take them over or at any rate bear a proportion
of the cost of their upkeep. In the same way we consider that roads, other than the main roads and high-
ways, are in no sense private roads, being available to and used by the public generally, and serving
their convenience. Accordingly we recommend that, whenever an owner (or a series of owners) puts
a road belonging to him (or them) in order to the satisfaction of the Local Authority, the latter should
be under obligation to take over and maintain the road in future as a public highway. Wherever a
dispute arises between an owner and the Local Authority as to whether a road has been put in proper
order, we recommend that the dispute should be referable to the Local Government Board. We are
aware that the above suggestions would leave open for dispute between an owner of a road and a Local
Authority the question of whether a road was a private road or a public road. Accordingly, we
recommend that in the event of any such disagreement the point should be referred to the Local
Government Board for decision.
While this matter has arisen specially in coimection with roads in mining areas, the same difficulties
which we have discussed arise in other areas, and accordingly we consider that our recommendations
above should be applicable to all districts.
(9) Lighting of Mining Villages.
896. As regards lighting also many of the mining villages appear to have been neglected ; and
when the above account of the condition of their roads and footpaths is taken into account — not to
mention the even worse conditions of filth that persist in certain of the older and more nelgected rows
— ^it seems clear that they have an even stronger claim to adequate lighting than other communities
of similar size. It was, for instance, stated that in Fife the colliery villages had imtil recently been
entirely unlit. In Stirlingshire it was indicated that only in rows within or adjacent to County Lighting
Districts were there any lightmg schemes. (Lee, 17,864 ff. ; Bain, 19,057 (18).) In the West of
Scotland the position appears to be the same, as Messrs William Baird & Co. do not provide public
lighting in any of their numerous properties ; while the Ayrshire coalmasters stated that " the light-
' ing of villages is not usual," but that, in several instances, gas lighting is provided by the owners, even
for villages not lying within lighting districts. (Forgie, 25,840 (79) ; Borland, 26,970 (33), 27,193.)
It should, however, be stated that in the Middle Ward of Lanarkshire there are twenty-four Special
Lighting Districts, with a total population of 129,813, as against twenty-three Special Drainage Digtricts,
with a total population of 124,731. (Whyte, 36,834 (15-21).)
897. In 1914 the Mid-Lanark District Committee obtained a Provisional Order to remove difficulties
in putting into force certain powers of the Burghs Gas Supply (Scotland) Act, 1876, which are adoptive
in landward areas. They anticipated great benefit from this Order in the supply of certain of the
smaller villages. At the time of giving evidence they were hopeful that it might be found possible to
establish one or two main gas works, from which gas could be conveyed throughout the whole district.
(Whyte, 36,834 (123, 158), 37,060, 37,149 ; Dobson, 36,835 (43).) If, after the war, this scheme proves
a success in the Middle Ward of Lanarkshire, it would help to solve the problem of lighting mining and
similar villages were the powers now obtained by this District Committee to be made applicable through-
out the county areas of Scotland. It is also possible that in colliery villages which could not well be
REPORT. 131
lit by a Local Authority, the works' installation might be extended more frequently to the miners'
dwellings.
(10) Ashpits.
898. Ashpits are not confined to mining villages — they are still found even in towns, especially in
the West of Scotland — ^but in the older " rows " they are particularly numerous, prominent, and
offensive. In the detailed evidence submitted by sanitary officials and miners' representatives com-
plaint as to these structures and their condition is a recurring note. Thus a miners' agent in Clack-
mannanshire spoke of the system of ashpits as almost imiversal, and stated that they were emptied
about once a week. In some of the older rows they stand along the front, 10 or 12 feet from the windows
of the houses. (Cook, 19,415 ff.) Representatives from West Lothian and Stirlingshire spoke of the
odour from the ashpits in summer and their harmful influence as a breeding-place for flies. (Irvine,
27,385 (3) ; Doherty and Barr, 27,465 (41).) The evidence on the West of Scotland coalfields is
punctuated with descriptions of the filthy ashpits, which in the older rows are commonly combined
with privies — an arrangement to which we shall recur below. (See Gibb, etc., 26,365 ; M'Kerrell and
Brown, 26,661.) The stench from these in summer must add to the harmful effect of overcrowded
rooms by preventing the opening of windows.
899. On this point the views of Dr Dewar (now Medical Inspector to the Local Government Board)
in his report on miners' housing in Fife are of importance. He says, " If all ashpits were properly
' covered — that is, roofed over — properly drained, properly used, and frequently emptied, they might
' permissibly be erected within 20 or 25 feet of dwelling-houses — a great convenience for those engaged
' in domestic work. But ashpits never are properly used. All sorts of filth, liquid, and solid are de-
' posited therein, and they are emptied at irregular and often at long intervals. In hot, still weather
' such ashpits may prove very offensive even at a distance of 60 feet or more. In view of the fact that
' the overfull and ill-kept ashpit is the rule, I consider that none should be allowed to be erected at a
' less distance than 30 feet from the nearest part of any dwelling." After describing a plan of improved
ashpit which has been used extensively and with good results in the Dunfermline district, he continues :
" More important than the construction of ashpit is its proper use, and frequent emptying and cleansing.
' It requires but an elementary grasp of socialism to perceive that she who deposits dead animals or
' putrid fish in the open ashpit in the middle of the ' square ' is not achieving the greatest good of the
' greatest number. But when the retort is made, ' How otherwise can I dispose of them ? ' I confess
' I have no answer, for in many of these mining villages there is no available ground wherein such
' extremely offensive matters could be disposed of by burial." (Dewar, 25-29.) This last remark
indicates why the twin problems of sanitation and scavenging are at once more urgent and more difficult
in the relative congestion of a colliery village than in typically rural surroundings.
900. In view of these facts it was natural that Dr Dewar, like all other sanitary officers who gave
evidence on mining villages, laid great emphasis on the establishment of adequate scavenging arrange- '
ments. When examined on the point, he stated that the emptying of ashpits should take place at the.
least twice a week, which would enable them to be greatly reduced in size. (Dewar, 941.) But the
system of daily collection with portable ashbins is much to be preferred. Both from our oasti observa- '
tion and from the reports of witnesses we can speak with assurance on the improvement that is effected
when ashpits are abolished and daily collections of refuse are instituted. In the Blantyre district of
Lanarkshire this was particularly marked. (Gibb, 26,365 (12 f.) ; Lindsay, 5086 ; Doonan, 18,596
(9.).) So in the central coalfields. Repeatedly in our visits we noticed the superiority of the villages
with a daily removal of refuse over those with ashpits, which, even when they are emptied at frequent
intervals can hardly be said to be cleaned. On the other hand, from many recollections of ashpits piled
up with refuse of all sorts, we can confirm the statement above that infrequent emptying of ashpits is
the general rule.
901. The most satisfactory procedure in this connection is the formation of Special Scavenging
Districts ; and it was repeatedly suggested that the restriction by which these can only be formed on
a requisition should be removed, as it is sometimes difficult to obtain a requisition from a Parish Coimcil
or from ten electors, and, as in the case of Special Water Supply and Drainage Districts, District Com-
mittees should be empowered to form them on their own initiative. We have no hesitation in endorsing
this recommendation which, though made in this chapter on " Mining," we consider should apply to
Scotland generally. The same recommendation applies to the procedure for the formation of Special
Lighting Districts. To meet the case of the smaller villages where the colliery company can arrange
more economically for the carrying out of scavenging — which they frequently do effectively, even when
other sanitary arrangements are defective — we would adopt Dr M'Vail's suggestion, that power should
be given to the Local Authority to call on the owners to make arrangements for cleansing to the satis-
faction of the Local Authority.
902. These suggestions, which are parallel to those regarding lighting, would bring to all mining
villages the improvement already enjoyed by many. If the older " rows " must remain featureless
, and monotonous, the surroundings of the houses can at least be made clean and wholesome.
(11) The Question of Pit-head Baths.
903. Much stress was laid both by miners' representatives and by County Public Health Officers
on the need for some adequate provision to enable miners to wash in comfort on coming off duty. Two
forms of this provision were suggested — baths at the pit-head or baths in individual houses.
904. The question of pit-head baths was before the House of Commons during the passage of the
Coal Mines Act in 1911. In the original Bill a clause (77) was inserted providing that " sufficient and
' suitable accommodation and facilities for taking baths and drjnng clothes shall be provided at the
' mine for the persons employed underground in the mine." It was further provided that " where
' such accommodation and facilities have been provided, the use thereof shall be obligatory on the
' persons employed underground in the mine, and every such person shall be liable to contribute the
132 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
' sum of Id. a week towards the expenses of maintenance, including interest on any capital expenditure."
When the Bill emerged from Grand Committee this clause (section 76) had been altered so as to be
optional. The law now stands that if a majority of two-thirds of the workmen employed in any mine
to whom the section applies demand the provision for baths and drying clothes at the mine, and under-
take to pay half the cost of maintenance, including interest on capital expenditure, the owner shall be
obliged to provide such facilities, so long as the estimated cost does not amount to more than 3d. per
man per week. This sum is to be paid, 1^. by the employer and l^d. by the worker. The clause as
amended contains no provision for the compulsory use of baths. (Dr M'Vail's Report, pp. 69-71.)
905. So far as we were able to learn, there did not seem much prospect of this section being at all
generally enforced. It was stated that the Scottish Miners' Unions were in favour of making the powers
compulsory at the time of the discussion in Grand Committee of the House of Commons. (M'Vail,
5291.) But, on the whole, the desire for baths in the houses seemed to occupy a much more prominent
place in the minds of the miners' representatives who gave evidence before us, wliile the strongest
advocacy of pit-head baths came rather from medical officers. (Robb, 4877 ; M'Vail, Report on Miners'
Housing, p. 49; of. 5286 ff.) There was some divergence of evidence as to the extent to which public
baths near the miners' houses have been used in Fife. (D. W. Robertson, 6836 ; J. Robertson, 17,682.)
On the coalowners' side the difficulty was raised that the limit of cost under the Act would probably
be insufficient to provide and maintain such baths ; while a colliery manager in Lanarkshire expressed
the decided opinion that pit-head baths would not be acceptable in Scotland, but that baths in the
houses would be readily taken advantage of. (Forgie, 25,840 (94) ; W. Stevenson, 26,204 f . ; cf. D. W.
Robertson, 6738, 6837.)
906. At one pit belonging to the Wemyss Coal Company the Company were, at the time of our
inquiry, proceeding voluntarily to erect a large installation for bathing and for drying clothes. In this
case there was a large free space available close to the shaft under the pit-head building, which was to
be utilised for this purpose ; and the manager gave as a special reason for the provision of these facilities
that many of the miners came several miles to their work by tramcar. At the same time he stated
that there did not seem to be much enthusiasm for the project among the men. (Kirkby, 7287 f., 7384,
7409.)
(12) Demand for Baths in Miners' Houses.
907. The evidence on this point makes it quite clear that the direction in which demand is in-
creasing is towards the bath in the individual house. Several witnesses, both among the miners and the
Public Health officials, held that this was the first necessity, while a pit-head bath might be a valuable
addition where it could be afforded, especially where miners had to travel long distances in their wet
clothes. (Sullivan, 26,894 (30).) This view was clearly stated by a representative of the Lanarkshire
3Iiners' Union, who said, " We want baths in the houses for the families themselves, apart altogether
' from the use made of them by the miners. A bath in the house is essential to a miaer and his family ;
' a bath at the pit-head would be an addition thereto." (Gibb, 26,647.) It was suggested by Dr M'Vail
that baths at the public schools might meet the need of the families, but the predominant opinion
seemed to be that, if the bath were to be provided anywhere, it should be in the house. (M'Vail, 5286 ;
Adamson, 7481 f. ; Maxwell Ross, 13,852 ; J. T. Wilson, 36,984 ff.) Among the witnesses who ex-
pressed a desire both for pit-head and private baths was the chairman of the Miners' Association in
Leadhills, where many of the miners have built and own their houses. (J. Cameron, 13,944-7.)
908. Another argument, suppoAed by experience in America of one witness, was that the Scots
miner has a rooted prejudice against bathing in a public institution. (J. Robertson, 17,732 ; cf.
J. T.Wilson, 36,992.) Thus it appears that, while there is considerable hesitation in regard to pit-head
baths, the demand for accommodation at home is growing rapidly, though there were differences of
opinion in various districts as to how far it had already become urgent ; but one significant fact is
that, in their new housing schemes,»the Mid-Lanark District Committee have decided to install baths
in all houses erected, with a hot- water connection both from the kitchen range and from the boiler in
the scullery. (Whyte, 36,996; Ross Yomig, 43,355; cf. Small and Hood, 27,423.) The feeling
against the present arrangement, or absence of arrangement, in the ordinary one- or two-room miner's
house was strong and general ; and it was pointed out that, if the demand had not yet in all cases
become imiversal, the provision of a bath-room in middle-class houses was, after all, a comparatively
recent development, and that the same standard might soon be reached in mining communities,
especially when the educative influence upon the children was taken into account. (G. Reid, 3178
(19 f.) ; M'Kerrell, 26,809a ; Sullivan, 26,967.)
909. There was some difference of opinion expressed by representatives of the mine-owners regarding
the degree to which baths when installed are made use of. In Midlothian it was distinctly stated that
they were largely used ; and elsewhere, where their use was less regular, it was pointed out on the
men's side that there was some defect in the installation of the bath. Several witnesses, including the
chairman of the Mid-Lanark District Committee, stated that they had no doubt as to baths being
appreciated and used if a proper hot-water system were installed-. (Milligan, 19,314 ; cf. Bain, 19,057
(23); Doonan, 18,648; G. Fraser, 31,134.) Others considered that it was also necessary to provide
greater privacy than is provided when the bath is in the scullery beside the washing boiler ; and this
view was confirmed by the manager of the Woodlands Colliery, who stated that in Woodlands Garden
Village about 50 per cent, of the baths placed in that position were used regularly, but that where
there was a small separate bath-room the proportion was considerably higher. (Barr, 27,531 ff. ;
Gatley, 25,739 ff.) It must, of course, be borne in mind that a separate bath-room involves some
extra expense.
910. The plan followed in the new village at Kirkconnel — where space is left for the installation of
a bath supplied with hot water from the scullery boiler, the bath itself being only installed on applica-
tion by the tenant — appears to work satisfactorily. In this case the extra charge when a bath is supplied
is about 3d. a week ; and the view was expressed in other districts that such a small extra charge would
be readily paid. (W. Scott, 13,691 ff. ; cf J. Robertson, 17,590 ; Cook, 19,445.) At the time of our
REPORT. 133
visit to Kirkconnel 19 houses were under construction, and 13 of the prospective tenants had applied
for baths.
911. Thus it appears that this demand, which is very recent in its origin, is already widespread,
and that both coalowners and Local Authorities are prepared to meet it in many districts. Dr M'Vail
laid considerable stress on the importance of giving Local Authorities powers to require the provision
of adequate storage for water and of water-softening plant in districts where water is scarce and hard.
This has already been done at Bannockbum. (M'Vail, 5248 (5), 5259.)
(13) Facilities for Washing and Clothes Drying.
912. In the taain the requirements for washing in a miner's family are not dissimilar from those
elsewhere ; but many of the older houses have no separate washing accommodation. In this case the
washing is frequently carried on outside the cottage in fine weather and sometimes even in bad weather
— ^in the latter case to the detriment of the housewife's health. In other cases the washing is done in
the kitchen, to the accompaniment of general damp and discomfort, which is emphasised in miner's houses
by the fact that they are generally fully occupied, and if the man is working on a night shift he has to sleep
while the washing proceeds, and the kitchen is filled with steam. In a number of villages washhouses
have been provided for groups of tenants, and these are used in rotation, each household having the right
to wash one day in the week. In some cases this arrangement appears to work well, but in others the
washhouses are seriously out of repair. (M'Vail, 5269.)
91 3. It thus seems clear that Local Authorities should have power to require the provision of suitable
washing accommodation in new houses, and its addition to old houses where the water supply and other
circumstances permit. There was some difference of opinion as to the relative advantages of the outside
washhouse, and the provision of a copper in the scullery. The former has undoubted advantages, but
several witnesses from mining districts recommended the latter system on the ground that it enables
the mother to keep the younger children in view when she is engaged in washing, while it is not impossible
to arrange for the steam from the boiler to be carried up the chimney by a steam pipe, and in this way
the amoimt of steam entering the house can be minimised. (Dittmar, 340 (21), 454, 585 fE. ; Dewar, 764
(53 fE.); Wilson, 3997 (83); Hendrie, 7413 (25) •, W. Scott, 13,893; M'Kerrell and Brown, 26,661
(17, 19, etc., 68).) The last-named witnesses suggested as a minimiun one washing house for every three
tenants. (Tonner, 36,841 (4) ; Forgie, Appendix CIX.)
914. In regard to the drying of clothes, miners' houses stand in a position by themselves ; provision
for this purpose being not less necessary than for farm workers, and much mora necessary than for those
who work at a dry and clean occupation. One of the representatives of the Fife and Kinross Miners'
Association said : — " From my own experience as a miner, I have known my wife to rise as often as
' six and seven times in the night-time and turn my clothes when I was working in a wet place, and we
had to inhale the steam rising from these clothes all night." (J. Robertson, 17,750 ; cf. Dewar, 1087';
M'Vail, 5322 ; M. Lee, 17,897, 17,933.) When it is remembered that the steam given off by the wet
clothes may include injurious mineral fumes, it will be seen that the risk to the health of the children is
very great when the kitchen (which is also the chief sleeping apartment) is used for this purpose both
by day and night. (Keith, 1509 ; Davison, 4634 (19), 4730 ; W. Stevenson, 26,171 (8), 26,233 ff. ; R. R
Jack,"34,183 (19), 34,217 f.)
915. There are two possible ways of meeting this need. The best plan appears to be that adopted
in Germany, by which drying-rooms are provided along with baths at the pit-head, where the miner
leaves his soiled working clothes at the end of his shift. This plan affords a complete solution, and several
witnesses urged its adoption. (Dittmar, 584 f. ; Keith, 1510 ff. ; Robb, 48,776 ; Maxwell Ross, 13,761 f. ;
13,823, 13,854 ; Cook, 19,441 ff.) But, as we have shown, the provision of baths at the pit-head seems,
so far, to have met with only a quaUfied support. Short of this, or pending its general adoption, most
witnesses were agreed that something might be done in providing and fitting up the scullery in new miners'
houses to allow of the boiler fire being kept on all night, in which case clothes could be placed on a rack
or pipes in the scullery. The atmosphere of the kitchen would thus be purified, nor would it be necessary
for it to be overheated on accoimt of the clothes requiring to be dried. (See references already given ;
also D. W. Robertson, 7083 f. ; J. Robertson, 17,752.)
(14) General Sanitation.
916. In certain of the newer mining villages overcrowding is probably the chief blot upon the
housing ; but, taking the coalfields of Scotland as a whole, there is no doubt that the privy accommo-
dation is the very worst feature. This is beyond question true of the older villages, especially in the West.
917. In certain small " rows " we were informed that sanitary accommodation is non-existent,
and the people have to make what shift they can. (Cook, 19,410 ; M'Kerrell and Brown, 26,661 (52).)
But in many other cases it is of a primitive and most objectionable order. We visited a row of old
coUiers' houses in the largest burgh in Fife, where the sanitary accommodation consisted of a " trough-
closet," only 16. feet from the nearest house ; and from the stench issuing from it at the time of our visit
early in spring we were able to form some conception of the nuisance and danger which it would consti-
tute in summer. At another " row " (one of the oldest in East Fife) a similar erection served about
twenty cottages, and its position, internal construction, and condition at the time made it certain that
no woman coidd make use of it. One degree better in design are the blocks of two, four, or six privies
which are common in the older Fife villages ; but, owing to their position and the divided responsi-
biUty for attending to them, they are frequently allowed to become semi-ruinous — keys lost, doors off, etc.
(Examples given by Dewar, Appendix III.) What we saw in Fife confirmed Dr J. T. Wilson's opinion
(36,884 ff.), that an external trough-closet common to a row is httle better than a privy-midden.
918. The representatives of the shale miners in the Lothians made very similar complaints. Nor
do attempts at improvement appear to be always well judged ; for a case was quoted in which eighteen
water-closets had been provided for twice that number of famiUes, but had been placed in two rows of
nine at the centre of the village — an obviously objectionable arrangement. (Small and Hood, 27,385
134 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(18 fE.), 27,427.) An even worse form of " improvement " was seen by us at the rows, described later,
at Whifflet, in the burgh of Coatbridge. Common water-closets had been erected, but not only had they
no doors — the brick partition was so inadequate that the interior of the privy could be photographed
from the open space behind the houses. The only explanation given by a member of one of the Local
Authorities of this disgraceful arrangement was that the firm owning the houses had been particularly
difficult to deal with. (Agnew, 34,028-30.)
919. It is in the West of Scotland, where the " conservancy system " of sanitation has persisted
longer than in the East, that the worst conditions are most commonly found in mining villages. Here
the privy-midden, or common (Jry-closet combined with the ashpit for a group of houses, till recently
formed the rule, and is still found in full offensiveness in not a few places. It seems necessary to quote
two descriptions of these erections, one by Dr Dittmar of the Local Government Board, the other by the
Sanitary Inspector of the Middle Ward of Lanarkshire.
920. " For 20 inhabited houses (with about 100 people) there are two sets of public privy ashpits,
' one with two privies and the other with a single privy. These erections are of brick, with brick floors
' and wooden roofs, and wooden imlocked doors ; a low brick wall with wooden cope provides a seat for
' the users of the privy ; a large ashpit behind receives the droppings and the refuse of the houses. It
' might be added that not only are there no locks on the doors, there are not even catches or hooks or any
' means provided to close them from the inside. The ashpits behind the privies are large, and enclosed
' by brick walls about 2 feet high, with earth floors and without any roof. The floors of the privies
' were littered with fasces on the day of my visit. They constituted a nuisance of a recurring type."
This last opinion is confirmed by the fact that, although reported on by representatives of the Local
Government Board in April 1903 and March 1905, yet, when another of their inspectors saw these
privies in October 1912 they were still in the same condition. (Dittmar, 340 (30 f.),) The same view
was taken by Sheriff-Substitute Glegg in March 1912, when, in a Note attached to an interlocutor declar-
ing that certain privy-middens of this type constituted a nuisance, he said : — " The evidence leaves no
' reasonable doubt that a nuisance exists, and will continue to recur so long as the sanitary conveniences
' are of the kind and amoimt of those at present in use." (Cited by Whyte, 36,834 (38).)
921. The description of the Lanarkshire privy-middens furnished by the Sanitary Inspector, and
confirmed by our personal observation — though in the worst cases too near an approach was neither
pleasant nor advisable,— is as follows : — " Generally they are of large dimensions, and, without exception,
found to be in an extremely foul condition, so much so that any who have any regard to their person
would not enter them ; neither will the occupants undertake the cleansing of them, as they are for
common use not only amongst the occupiers but the public as well. For this reason I am quite in
sympathy with the people's views, as I consider it a most debasing duty for any person to perform, an
opinion recognised by the Court in refusing to commit defaulters under such circumstances. In fact,
' they are an abomination and a danger to the community." (Dobson, 26,835 (23), and Dr Wilson's
Report, p. 26 fi.)
922. In view of these strictures, it is not surprising to find a colliery manager in this district stating
that he knows of cases " where these conditions are so bad that the people prefer to go out into the
fields." (Stevenson, 26,171 (3).)
923. Such evidence might be paralleled from other districts— cgf. a certain number of old " rows "
in Stirlingshire and the Lothians shale field, which have not yet been touched by the improver. (Small
and Hood as above ; Doonan, 18,596 (3) ; Doherty and Barr, 27,465.) In Ayrshire the proportion of
badly constructed privy-middens is very high. (M'Kerrell and Brown, 26,661.) The vice-convener
of the county mentioned as the most frequent causes of complaint the absence of washhouses and coal-
cellars, and the existing horrible privy-ashpits. (Wallace, 39,193 (42).)
924. But these general descriptions do not and cannot give a proper conception of the grossly in-
sanitary conditions found by us in our tours of inspection, which tours were arranged by the mine-owners
and the representatives of the miners' associations. In each case a fully elaborated record of the sani-
tary conditions had been prepared by the miners' associations. Broadly, we are able to confirm the
reliabihty of the representations made to us in the reports prepared by the miners' associations and printed
in our evidence. But, in order to bring out the confirmation in some detail, it is essential to supplement
the statements already made by giving the Commission's notes of the various inspections. These
notes (which are printed at end of this chapter) were made on the spot, and were — and are — intended to
give an impression in some — but by no means full — detail of the concrete conditions. The conditions
recorded would alone justify Very strong comments on the failure both of the industry and of the respon-
sible authorities to secure and to maintain decent and cleanly conditions for the lives of the many thousands
that occupy the houses in question. If, as has occasionally been alleged, the powers of the Public Health
Act, 1897, are not sufficiently wide to enable the authorities to take direct and drastic action for the
suppression of the primitive and disgusting types of privy-midden, then the Act must be subjected to
extensive amendment. But we are not satisfied that the present powers have been as fully used as
they ought to have been in the last twenty years.
925. Our impression on this point is confirmed by the fact that since the agitation against the con-
ditions of miners' houses became acute, considerable improvements, with and without pressure from the
Local Authorities, have been effected in the mining districts ; and even, as we are aware, our visits to some
of these districts have been followed by, if they have not resulted in, the Local Authorities being more
insistent in enforcing their powers. So far as we can judge, the neglect to secure a reasonable standard
of sanitary decency may have some excuse in the inadequacy of the administrative powers, but it has
none in the economics of the industry concerned. For in that industry profits, if not imiformly good,
have at least been equal to any of the best industries in the country, and the wages of miners have been
at least as good as any other industry requiring equal skill.
(15) Sanitary Improvement and Retarding Causes— Mid-Lanark.
926. While we saw in the Middle Ward of Lanarkshire the most deplorable sanitation in the more
neglected " rows," we saw also many signs of an effort after better things, such as the addition of annexes
REPORT. 135
containing scullery, washhouse, and water-closet to individual houses ; and the replacement of large
common ashpits by individual bins. The evidence laid before us by the District Clerk showed that much
has been done in recent years. In eleven Special Scavenging Districts in the Middle Ward the power to
abolish priv}'-middens in such districts has been enforced, with the result that, of 1891 of these erections
which existed at the formation of the respective Special Districts, all but 207 have been removed and
water-closets installed in their place. In Blantyre this change took place in 1905, and daily removal of
refuse was instituted ; and the health of the community benefited, especially in the diminishing prevalence
of typhoid fever. (W. E. Whyte, 36,834 (37).) The deaths from typhoid fell from 69 in 1905 and 81
in 1906 to 9 in 1911 and 6 in 1912. The figures are striking, even when qualified by Dr Wilson's statement
that typhoid does not invariably accompany privy-middens. (36,891 fE.) The summary of improve-
ments effected in the Middle Ward during the first five years' operation of the Housing, etc., Act, 1909,
is worth quoting in full at this point, as the properties referred to (nearly 100 in number) are practically
all miners' rows : —
Summary.
Houses closed ..... 699
Sanitary improvements completed . . . 1221
„ „ in progress . . . 1065
„ „ under negotiation . . 1365
Total 4350
(Ibid. (137).)
927. The cost of such improvements naturally varies, according to whether a more extensive recon-
struction is carried out at the same time ; but even when the cost of adding a scullery and boiler to each
house, and a water-closet for every two houses, is taken separately, it amounted a year or two before
the War to about £25 per house. Two such improvements, one of 276 miners' houses in Lanarkshire,
the other of about 300 in Midlothian, both brought out this figure, which may thus be taken as typical.
(R. Ramsay, 19,358 ; Whyte, Appendix CXXVL (18).) Usually an addition is made to the rent to cover
this outlay- — a, reasonable proceeding if the previous rents were reasonable. But this is a point on which
it would be hazardous to express too confident an opinon without inspection of the houses before and
after the improvement was carried out.
928. Since this extensive, and certainly greatly needed, improvement has taken place in the Middle
Ward in very recent years, we naturally tried to find a satisfactory explanation of its having been so
long delayed. The explanation advanced was threefold : (1 ) There was the fact that the system of common
dry privies remained much longer in the West of Scotland than in the East, and that thirty years ago
it might be argued that what was good enough for the city of Glasgow could not be condemned in a
mining village ; (2) there was a lack of statutory powers in landward districts — a point with which we
deal elsewhere ; (3) till a water-supply adequate for the provision of at least one closet for every two houses
was available, no really satisfactory substitute for the common priw could be devised in these congested
villages. (Whyte, 36,880 ; J. T. Wilson, 36,884-900.)
929. Of the three matters referred to, that of the water-supply has perhaps the greatest importance ;
and it is the completion of the District Committee's very extensive water scheme which has opened the
way most directly for the recent advance. (Dr Wilson's Report, pp. 12, 104 ; cf. Whyte, 36,834 (30).
The whole cost of the scheme was about half a million.) Across the watershed in West Lothian the
Sanitary Inspector told the same tale — the introduction of adequate water supplies had led to a general
introduction of sanitation by water carriage at Broxburn and elsewhere. (Frew, 2830 ff. We were struck
by the effort to improve conditions in this area.) These facts emphasise the need, which we point out
elsewhere, for a systematic survey of the countiy's resources in the matter of water, so that competition
for the use of particular catchment areas may be avoided, and the resources of the country in this essential
respect economically (and extensively) developed.
930. The possession of a good water-supply is not the only precondition of improved sanitation,
however, as the question of drainage works and sewage purification also comes in, and occasions real
difficulty both to companies and Local Authorities. This is especially so on high ground, such as Shotts
district, both because the streams are small and readily polluted, and because such a watershed is often
an administrative boundary, as in this case between Mid-Lanark and West Lothian. (Dr Wilson's Report,
p. 12 f. ; Glaister, 23,548, 23,565 ; Forgie, 25840 (88) ; WTiyte, 36,834 (42 ff.).) The representatives
of the Lanarkshire Miners' Union, including their consulting architect, argued strongly in favour of
the institution of drainage districts co-extensive with the largest water districts, in order to equalise
drainage rates, and to extend the benefit of public drainage to villages which are too small to bear the
cost of individual drainage schemes. (Cowie, 26,384 ff . , 26,591. ) But doubts were expressed as to whether
so large a scheme was practicable. (Sullivan, 26,931 ; cf. Whyte, 37,175 f.) Both elements (i.e. water
and drainage) have entered into the acute housing difficulties at West Benhar and Harthill ; nor had
any definite solution been found at the time of our inquiry. (Cowie, as above ; Whyte, 36,932 ff ; cf.
Sullivan, 26,927.) If a special commission is appointed, or if Government engineers are instructed to
survey the watersheds of Scotland, their remit or their instructions might with advantage include the
question of drainage schemes in neighbouring administrative areas as well as that of water supplies.
The cases in which a conflict of interests arises in regard to drainage are fewer than in regard to water
rights, but they may give rise to difficulty if any considerable population lives near the watershed.
(16) Sanitary Improvement and Retarding Causes — Ayrshire.
931. In many of the Ayrshire villages we found, as we have already stated, that the privy accommo-
dation was of a particularly inadequate order. In his special report in 1910 the Medical Officer for
the county said : —
In the largest number of cases the privy accommodation is fairly good, but at some rows — e.g.
at Rankinston, Coylton Parish, and Bumbrae, Tarbolton — the privies are defective, and are without
136 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
doors. These very unsatisfactory ones are comparatively few in number, and are gradually
decreasing. (Report of Medical Officer for County of Ayr, 1910.)
The Local Authorities were apparently — ^in our opinion too easily — satisfied with this alleged gradual
decrease, as it was distinctly stated by the County Clerk that, apart from the ordinary activities of the
sanitary staff, " no special action was taken " on the report. (Shaw, 37,740.) Nor^ was attention
generally called to the matter until it was taken up by the Ayrshire Miners' Union, and ty others in the
press and elsewhere, as the result of a resolution passed by the Ayr County Insurance Committee on
January 17th 1914 calling for action in regard to the insanitary state of many of the miners' rows, which
was held accountable for much of the infectious disease in the county. (Wallace, 39,193 (8-10).) So far
had the " gradual decrease " of the privy-middens, which was reported in 1910, been from securing their
elimination, that the Medical Officer admitted four years later that there was " a great deal of truth "
in the sweeping report on the subject prepared by the Ayrshire Miners' Union, and now printed in our
Minutes of Evidence. Nor did either the Medical Officer or the representatives of the mine-owners
defend the privy-midden as a means of sanitation. (M'Kerrell and Brown, 26,661 ; Borland, 27,125 ff. ;
C. R. Macdonald, 37,648; cf. 37,640 fE., 37,703.) In a Minute, adopted after an inspection of the
mining districts on Jime 19th 1914, the Housing Committee of Ayrshire County Council passed, inter
alia, the heroic resolution that " Privies should have doors and seats." (Appendix CXXX.)
932. At the time of our visit we received the impression that considerable improvements were
being carried forward, but that no action was being taken comparable in thoroughness to that of the
Mid-Lanark District Committee. The difficulties to be encoimtered are the same in both cases, except
that the scattered nature of certain of the Ayrshire " rows " may form an additional handicap by render-
ing the introduction of an adequate water-supply more difficult and expensive.
(17) Use of Modern Sanitary Appliances and Suggested Minimum Standard.
933. On the whole there was testimony that, where modem sanitation had been introduced, the
closets are well looked after in mining villages. Dr Dewar said that he could name districts in Fife
where the replacement of the old pri^^es by water-closets had " made an absolute change in the habits
of the people " ; and Dr Robb stated in his Report in 1912 that in the previous year he had inspected
hundreds of the modern water-closets without finding one out of order, while nearly all were clean. (Dewar
1059 ; Dr Robb's Report, p. 18 ; cf. his statement, 4830 (21).) At the same time there have been
instances of abuse in certain localities by tenants who were either careless or unaccustomed to the use
of proper sanitary appHances. (Frew, 2925 ; Forgie, 25,840 (49) ; Borland, 27,020 ff.) This experience
—which, after all, is limited to proportionally a small number of cases— -is not confined to mining areas.
934. Some of these cases, which, as we have indicated, are the exception to the general statement
as to the careful use of water-closets, may be due to the presence in mining communities, as elsewhere,
of a certain number of habitually careless tenants ; but in part they are clearly, as was hinted by the
witnesses who mentioned them, difficulties due to unfamiliarity with the new appliances provided ; nor
is it surprising that individuals brought up from childhood among the privy-middens which we have
already described should take time to learn the use of more civilised sanitary arrangements. (Downie,
41,250 (52).) But, on the whole, the adjustment to the new conditions appears to have been rapid.
935. But there are two points, closely connected with one another, which either facilitate or hinder
the proper care of water-closets, viz. their position relative to the house, and the number of houses
that share the use of each. The Sanitary Inspector of Bathgate mentioned, as showing the bearing of
these points, a group of sixty-eight colliery houses which had common water-closets and ashpits between
the rows, which were " a continual source of trouble." Ultimately the manager was persuaded to build
a scullery with boiler and a water-closet adjacent to each house, after which in three years the Sanitary
Inspector had not one choked water-closet to deal with. (A. L. Reid, 3389.) An expression of opinion
to precisely the same effect, but based on a larger number of observations, was that of the Architectural
Inspector of the Local Government Board, who said : —
As the number of families using a common water-closet and its distance from the houses in-
creased, the habits of the people and the condition of the sanitary fittings became worse. Colhery
owners and others have stated that miners would not keep sanitary fittings in order if they had them
in their houses, but where I have seen them in such houses they are kept fairly clean, though they
may be abused occasionally. (J. Wilson, 3997 (28 f.).)
The representative of one large mining firm gave it as his personal opinion that one water-closet
for each house was desirable in mining communities. (Forgie, 25,840 (22), 25,867, 25,926.) Both the
chairman and the officials of the Mid-Lanark District Committee spoke emphatically of the impossibihty
of tracing delinquents when closets were shared by more than one — or at most two- — ^families. Section
31 of the Pubhc Health Act, 1897, which provides that, in default of proof which user of a common
water-closet is responsible for a nuisance, all may be fined indiscriminately, was described as well-
meaning but ineffectual ; for no Sheriff will enforce so obviously unfair a provision. (Whyte, 36,834 (35) ;
Lambie, 36,839 (10) ; J. T. Wilson, 36,899 ; also Davidson, 4677.) Where one or two— for there was
less complete agreement here — families only are eOncerned, the law is readily enforceable.
936. The standard of sanitation suggested by Dr Dittmar of the Local Government Board, with
special reference to mining villages, is a water-closet to each house. (Ibid., 340 (37 e).) But where water
supply and drainage schemes are prohibitive in expense (which will not often be the case in mining villages),
a pail-privy should be provided for each house at the end of the garden, not less than 20 yards from the
dwelling, and, if possible, further away. (Ibid., 340 (39).) Dr Robb and Dr M'Vail, however, point
out that in selecting a site for earth closets privacy should be aimed at. Dr Robb's experience is that a
pail closet is, as a rule, well kept if it is close to the house, or is situated in a well-fenced garden attached ;
and he states that if the convenience is attached to the house it ensures privacy, and that there can be
no doubt that the further away from a house the convenience is situated the less supervision there can
be. (Dr Robb's Report on Housing Conditions of Miners in Midlothian and Linlithgow, pp. 17 and 18 ;
REPqpT. •
137
Dr M'Vail's Refort on Stirlingshire and Dumbartmshire, p. 42.) Tlie District Clerk of the Middle Ward
of Lanarkshire argued that, as regards old houses, some discretion should perhaps be left to the Local
Authorities ; but that, broadly speaking, a building should not be considered to be in a state of habita-
bility which does not provide (where reasonably practicable) for at least one water-closet for every two
separate houses, and that even this concession should only be allowed in the case of old properties. On
the other hand a witness from Midlothian argued that water-closets were kept perfectly clean when shared
by. two tenants, each of whom had a key.
(18) Size of Houses.
937. There are no exact figures obtainable as to the number of rooms in houses occupied by miners,
as these are naturally included in the general figures for each area in the Census Report. But statements
were made by witnesses, and other figures on this point are to be found in the special reports of the
medical officers above referred to ; so that a general idea can be obtained of the proportion of one- and
two-room houses in certain of the mining districts.
938. As regards the total number of houses, the following figures may be taken as more or less
typical. In the mining districts of Midlothian and West Lothian, Dr Robb estimated that, excluding
larger houses for managers and others, about 11 per cent, of the total have one apartment, 65 per cent,
have two, and 24 per cent, have three or more. The one-apartment houses are for the most part old,
and a considerable number of them have now been joined to form larger houses. In many of the old
two-room houses, however, while the kitchen is of fair size, the room is hardly worth the name of room,
being very small and frequently without a fireplace. Often it is used only as a store or lumber room.
(Dr Robb's Report (1912), p. 9.) The smallness of the second room in certain of the older houses may
lead to a discrepancy as to the nimiber of one- and two-room houses respectively. In one instance in
Lanarkshire the employers reckoned a group of houses as having two apartments which the Medical
Officer described as " houses of one apartment and small bed-closet." (Dr Wilson's Report, p. 156 ;
Gibb, 26,382.) The representatives of the Shale Miners' Association estimated the proportions as follows
in the Lothian Shale Field : — 13 per cent, one apartment ; 72 per cent, two apartments ; 15 per cent,
three apartments. (Small and Hood, 27,385, (18).)
939. The Fife Coal Company own a large percentage of the miners' houses in Fife. Their^houses
have less than 2 per cent, one room, about 80 per cent, of two-rooms, and the balance of three. Of
1024 houses owned by the Lochgelly Coal Company, 106 have one room, 121 have three rooms, and the
balance two rooms.
940. In the burghs of Lochgelly and Cowdenbeath, which are chiefly occupied by miners, though
a large proportion of the houses are privately owned, and which are largely of recent construction, there
were, in 1911, 11-5 and 16-6 per cent, of one-room houses respectively ; 65-2 and 58-0 per cent, of two-
room respectively ; and 16-2 and 18-4 per cent, of three-room houses respectively. (D. W. Robertson,
6718 (4) ; Paul, 26,253 (10) ; Census Report, 1911.)
941. In Lanarkshire the number of one-room houses is veiy much larger. In 1911 the percentages
in the county of Lanark, excluding burghs of over 2000 inhabitants, were as follows : — 21-2 per cent,
one-room houses, 48-3 per cent, two-room houses, 12-5 per cent, three-room houses, the balance of 18
per cent, having four or more apartments. But in the large mining burghs the standard was even lower,
as the following table shows (the figures represent percentages) :—
One
Two
Total of
Apartment.
Apartments.
One and Two.
Coatbridge
27-3
51-4
78-7
Hamilton
24-6
46-4
71-0
Motherwell
21-9
51-9
73-8
Wishaw .
28-5
49-4
77-9
942. • In Ayrshire the proportions of one- and two-room houses respectively in the county, exclusive
of the larger burghs, are 15-2 and 44-5 per cent., but in the mining burgh of Galston they are 28-2 and
46-7 respectively. The Ayrshire Coalowners' Association gave the following figures representing the
houses owned or leased by their members (Borland and Stevenson, 26,970 (16)) : —
(1) One apartment 1095 = 17-0 per cent.
(2) Two apartments 4546=70-8 „
(3) Three „ . 516= 8-0
(4) M.OT& than three apartments 269 = 4-2 „
6426=100
(19) Accommodation in New Houses.
943. The Wemyss Coal Company have built 715 houses in about fifteen years, of which 300
have a room and kitchen and 415 two rooms and kitchen (Kirkby, 7252 (11)) ; and the very fact that
this preponderance of three-apartment houses stands out as exceptional, shows how low the standard
of accommodation has been even in recent building. The district with the highest standard, however,
is a portion of the Midlothian coalfield, in which Provost Brown, speaking for the miners, stated
that while there might be one or two single-apartment houses in some of the older villages, he did not
know of any. He further stated that at Rosewell houses of three apartments and a scullery were the
138
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
rule, and at Newtongrange ever larger houses were common. (R. Brown, 18,276 (5-7), 18,280 f., 18,317 ;
c/., Milligan and Ramsay, 19,271 (9).) As regards the mining areas of Stirlingshire and Dumbartonshire,'
Dr M'Vail has given full figures showing the standard both of accommodation and equipment of the
houses erected in these counties subsequent to the introduction of bye-laws in 1898. We have con-
densed the facts in his Report and give them in the following table : —
Particulars of 873 Miners' Houses erected in Stirling and Dumbartonshire between adoption of
Bye-laws in 1899 and Dr M'Vail's Report in 1910.
Walls. — 466 strapped and lathed ; 407 hollow.
Rooms. —
Number
Per cent
Cubic capacity of house in cubic feet .
One Room.
22*
2-5
av. 2300
Two Rooms.
735
84-2
2963-4440
Three Rooms.
100
11-5
av. 5448
Four Rooms.
16
^ 1-8
av. 5200
* (16 of these were buUt in 1899.)
Back Doors. — 193 or 22-1 per cent.
Baths. — 69 or 7-9 per cent. Nearly all are three-room houses in one village.
Sculleries. — 422 or 48-8 per cent.
Water in House. — 589 or 67-5 per cent, (in 375 in the scullery).
Washing Facilities. — ^All. (Boiler in scullery, 127 or 14-5 per cent. ; outside washhouse, 746 or
85-5 per cent.)
Coal-houses. — ^All.
Sanitary Arrangements. —
Water-closet for
each House.
Water-closet for
Two Houses.
Dry -closet.
Number
53
334 or 38-
281
2 per cent.
539 or 61-8 per cent.
944. In Lanarkshire during the same period the standard was very much lower, as is shown by the
fact that of 10,737 houses of which the plans were passed by the officials of the Middle Ward District
Committee between the years 1898-1908, 12-5 per cent, had only one apartment, 56-9 per cent, had two
apartments, 14' 1 per cent, had three apartments, and the balance four or more. But even this very high
percentage of new one-apartment houses does not fully represent the percentage in the purely mining
districts ; for in the four parishes of Blantyre, Dalserf, Bothwell, and Cambusnethan, the percentage
varied from 19-9 to 13-7. In the following years (1909-1913), of 1555 houses forming part of tenement
dweUings erected in the Middle Ward, 281 were of one apartment and 1078 of two. (Dr Wilson's Report,
pp. 101 f. ; Evidence, App. No. CXVIII.)
(20) Description of Hf>usES.
945. The typical miner's house has only one storey, though in a few recent cases attics have been
added, or cottages have been built on the double-flatted principle. In the older rows the houses are
conmionly " but and ben " or " single end." It is exceptional for them to be built back-to-back, but
even where this is not the case, the window in the back wall is either non-existent or too small to be
effective. The more recent rows consist for the most part of " through " houses of two apartments.
There is usually a small square lobby inside the door. The kitchen, which also serves as living-room,
has two bed-recesses in the wall opposite the fireplace. Usually these are open for their whole width
and height, but may be partially screened by curtains. Opposite the window a door gives communica-
tion directly into the " room," which commonly has a fireplace on one side and a single bedplace on the
other. Dr M'Vail estimates the average size of these apartments in. the central coalfields as : — Kitchen,
15 feet by 10 or 11 feet by 9 feet, its cubic capacity being about 1400 cubic feet, or with the bedplaces
about 2000. " The room is of the same width and height, but is probably somewhat shorter from front
' to back." (Dr M'Vail's Report, p. 15 f.; c/. Dr Robb's Report, p. 9.)
946. While this description may be taken as very widely applicable, it is necessary that we should
briefly describe houses which are respectively below and above the common standard.
(21) Defective Houses.
947. One of the best descriptions of these was supphed by the Architectural Inspector of the Local
Government Board. He stated that in many parts of Lanarkshire, Ayrshire, and Fifeshire the old
houses occupied by miners and other workmen are barely above the habitable standard, this being due
to these houses being from 60 to 100 years old ; that they have, as a rule, the plaster placed hard on
REPORT. ' 139
the outside walls ; that there are no rones or dovm-pipes to carry ofE roof water, no damp-proof course
at the ground level of the outside walls ; that they have tile or brick floors with the bare earth exposed
under the beds, and where wood floors have been laid that there is no ventilation iinderneath them ;
that in many cases the roof timbers have sagged and the tile or slate roof covering has been left unrepaired ;
and finally, that all these defects tend to bring a dwelUng-house into such a state of structxu-al disrepair
that the house sooner or later falls below the habitable standard. (Wilson, 3997 (3) ; cf. Dittmar, 340
(36) ; and Miners' Evidence, passim.)
948. As an extreme example of imsatisfactory housing, we may quote the following description
of the Rosehall rows, Whifflet, given by the Lanarkshire Miners' Union, which, after visiting the rows,
we can fully endorse.
They consist of four long parallel rows of single-storey hovels ; most of them have not rones
to carry the rain from the roofs. Rainwater simply runs down the roof and then runs down the
walls, or falls off as chance or the wind decides. There are no coal-cellars ; coals are kept below
the beds. There are no wash-houses. Water is supphed from stands in the alleys. The closet
acconomodation is hideous. A number of these hovels are built back-to-back. (Gibb, etc., 26,365
(33).)
949. From reports on other districts we take the following, showing that the same defects are
apparent in the older rows in most of the coalfields. A group of 92 houses at Broxburn was described
in the following terms by the Medical Officer for West Lothian in 1912 : —
Single-storey brick houses in rows situated close to refuse bing ; 48 one-apartment houses back-
to-back, 24 two-apartment houses back-to-back, and 20 two-apartment " through " houses ; 20
houses have np coal-cellars ; no washhouses ; water outside ; open channel drainage ; privy
midden conveniences very imsatisfactory ; plaster work defective in places ; dampness in walls
in wet weather, very bad in some ; rones, etc., defective. Nearly all tenants complain of " smoky "
chimneys, probably due to position of houses near refuse bing ; surroundings and streets unsatis-
factory ; inferior houses. (Dr Robb's Report, p. 48 f.)
A group of 23 one- and 5 two-apartment houses in the Bellshill district, Lanarkshire, was described
by the Medical Officer for Lanarkshire, in terms in which negatives predominated : —
Erected probably about eighty years ago ; stone built, one storey ; no damp-proof course ;
plastered on sohd walls ; wood floors, imventilated, one or two of cement ; internal surfaces of walls
and ceihngs in fair condition, but some are damp. No overcrowding ; apartments fair size. No
gardens ; no washhouses ; no coal-cellars. Three lots midden privies, two being ^of recent con-
struction. No sinks ; drainage by open channels. Water supphed from two standpipes.
To which description it may be added that, owing to the absence of coal-cellars, coals were kept
below the beds ; and that there were no rones on the houses, which extended to the extreme limit of
the feu and had no openings in the back wall. (Dr Wilson's Report, p. 112 ; Gibb, etc., 26,365 (67) ;
Cowie, 26,507 (6).)
950. In two other squares in the Parish of Old Monkland (Lanarkshire), of which the older was
built in 1846, we saw two-storey houses built on the double-flatted principle in which box-beds with doors
were still to be found. Apart from dampness and defective plaster-work, the ash-pits, etc., in the centres
of the squares were the cause of very serious nuisance ; and it was stated to us that the water-supply
from standpipes in the squares was defective, and that water had often to be carried round from the front
street. Four years before the date of our visit Dr Wilson had reported : —
Action has been taken with regard to the defective and foul condition of the outside sinks and
drainage arrangements, but improvements have been of an intermittent nature. (Dr Wilson's
Report, p. 184 ; Gibb, 26,365 (32) ; Cowie, 26,507 (1-2).)
The accuracy of this last remark was fully apparent to us on our visit in March 1914.
951 . As regards Ayrshire, very full evidence was given by the Miners' Representatives and also by
the Vice-Convener of the County who gave independent evidence, strongly dissenting from the official
Report of the County Officers. As an example we may take the Drongan rows, of which the witness last
named says : —
The houses on the west side here are simply awful, and should be closed. -They are damp and
practically irreparable. Nothing but reconstruction from the foundations will make these houses
fit for human habitation. (Wallace, 39,193 (38 f.).)
(See fidler description, M'Kerrell, 26,661 (2).) We visited this district, and noted the absence of
lath and plaster, the very damp walls, and the damp floor consisting of tiles in the open portion but of
bare earth undej the bed. These houses, admittedly among the worst in the coimty, were receiving
some tardy attention, and a few had been closed.
(22) Specific Defects — Damp.
952. In the evidence of Miners' UnionB, as in that of farm servants, the most frequent complaint
regarding the structure of the houses was that of persistent dampness, the chief causes being lack of
damp-proof courses and the frequent absence of proper rones and conductors. Several instances have
already been given, but the following, in the evidence of one of the Medical Inspectors of the Local Govern-
ment Board regarding mining villages, can be added : —
They may be without a damp-course, and the walls may be unstrapped, with the result that they
are damp ; eaves spouting and rainfall spouts may be absent or defective ; means for surface drain-
age may also be absent or defective. (Dittmar, 340 (36) ; cf. Dewar, p. 764 (24).)
140 . ROYAL COMMISSION ON HOUSING IN SCOTLAND.
In .regard to the Ayrshire villages, the complaints of damp were particularly frequent. In addition
to the houses at Drongan just described, we noted another house in the district where the bedroom was
so damp that the paper came off the wall in masses. In the Old Cumnock district the reporter of the
Miners' Union noted the same, quoting the phrase of a woman in one of the houses : — " Ane has nae
' heart to clean them, for your work is never seen." In another row the same Avitness stated that he saw
a basin set to catch the drip of rain. (M'Kerrell and Brown, 26,661 (57-58) ; r/.,J. Robertson, 17,552.)
A square in Stirlingshire was described as having no gutter pipes, so that the rain from the tile roof dripping
down the sides made the houses very damp and formed a channel for itself. (Doherty and Barr, 27,465
(4) (7); Gavin, 37,324.)
(23) Defective Floors.
953. The state of the flooring of the older houses also provided considerable occasion for complaint,
especially where the floor was of bricks unevenly laid, or of wood without proper ventilation beneath.
Indeed, this defect is closely connected with the more extreme cases of dampness which have just been
referred to. In one house at Kelty, when a new floor was provided, six inches of clay and water had
been fomid below the old one. (Dewar, Appendix III. to Evidence, page 8.) In other cases the making
up of the roadway has resulted in the floors being below the level of the adjacent ground. The architect
of the Fife Coal Company admitted that in 1913 there were still some houses in which this was the case
at Kelty, and explained that, where the roof was not high enough to allow of the floors being raised and
adequate ventilation provided, such a condition could hardly be remedied. (D. W. Robertson, 6756,
6885 ff.) In the same year Dr Dewar, reporting to the Local Government Board on the miners' houses
at Townhill, which had become the property of Dunfermhne Town Council, called special attention to
the state of the floors — one being " of brick, partly in poor repair," another " rotten towards the back
' wall," and still another " of wood, very old .... one hole in the centre of the room admitted my boot
' and leg to the vertical distance of 15 inches." (Dewar, Appendix III., pp. 4 f .)
954. The representatives of the Ayrshire Miners' Union gave similar evidence regarding brick
•• floors in the older rows, cracked and uneven through subsidence. They described one house in which
half the floor was of wood which had rotted, the other half of the original brick. In another village
they reported that the coals are kept below the bed ; that the floors are of the usual brick-tiled type ;
and, as is the case wherever they have seen this kind of floor provided, that the surface is very uneven and
cracked, and it is a heartbreak to the housewife to keep it clean ; that if waxcloth is laid on it it is cut
up in a short time ; and where no covering is put on, the children carry the " muck " in from the quagmire
of a road outside ; and that there is no covering on the earth below the beds. (M'Kerrell and Brown,
26,661 (2, 7, 14, 26).)
955. Dr Dewar called special attention to these points : —
A floor of old and cracked bricks, lying unevenly and full of crevices, reduces the possibility
of cleanliness and comfort in a home.
In some houses no proper flooring has been laid in the bed-recesses ; and the place of a floor is
taken either by earth beaten down, or by rough fragments of stone and lime, debris left from t^ie
erection of the building. In the former case the surface becomes gradually befouled and cannot
be properly cleansed ; in the latter case cockroaches and other undesirable animals are sheltered.
The remed}'- clearly is that an impervious floor through the whole extent of the living-rooms should
be considered an essential condition of habitability, and that any house not so furnished should be con-
sidered as eo ipso in a state of " nuisance." (764 (28 f.) ; 1074.) When coals are kept below the bed,
" coal-dust is rarely the most objectionable material that is found." (Ibid., 764 (58).) *
(24) Defective Windows.
956. Other speciflc defects in the structure of houses in the older colliery villages are similar to those
found in houses of the same age and type elsewhere. Such, for instance, are windows inadequate in
point of size, or failing to open through faulty construction, disrepair, or disuse ; with the consequence
that lighting, ventilation, or both are permanently defective. (M'Vail, 5300 ; M'Kerrell and Brown,
26,661 (4, 10) ; Downie, 41,250 (77).) It was argued by the Medical Ofiicer of Health for Ayrshire that
when windows are made to open, this fact is often not taken advantage of ; and that miners, coming up
from work at a high temperature, are sensitive to draughts and cold houses. (C. R. Macdonald, 37,667-9.)
The argument, which may indeed be true for a time, before habits have had time to change, would, if
taken hterally, dispose of all motives for reform. This would simplify matters certainly, but it can hardly
be questioned that the provision of windows of adequate size and suitably hxmg is a consideration of the
first importance.
(25) Improved Modern Houses.
957. From this description of the common defects in miners' houses of the older type, we pass to a
consideration of the newly erected houses, of which we personally inspected a certain number. It was
freely recognised, both by county officials and by the witnesses who spoke for the miners, that these
newer houses represented not only a decided improvement on the standard common even in the fairly
recent past, but also a commodious and satisfactory type of miner's dweUing. (We may refer to the
following :— Frew, 2990 ; Davison, 4634 ; Robb, 4830 (15) ; Wedderspoon, 6505, 6545 ; Louden, 34,388
(36 ff.) ; Shaw, 37,533 (47) (county officials) : J. Robertson, 17,533a ; M. Lee, 17,915 ; R. Brown,
18,300 ; Doonan, 18,596 ; M'Kerrell and Brown, 26,661 (9, 36, 41, 45, 60) ; Hood and Small, 27,385
(23, etc.) ; Doherty and Barr, 27,465 (miners' representatives).) The miners' representatives in some
cases added reservations regarding the rent charged or the sufficiency of the sanitary accommodation or
provision of baths ; but in all the cases referred to their attitude was one of cordial recognition of the
improved houses now being supplied by the coal-owners. In a considerable proportion, while the
structure and surroundings of the houses and -the sanitary arrangements were described as adequate,
REPORT. 141
the houses themselves were still of the room and kitchen type, though in some cases a large scullery
was added. Elsewhere, however, there was a welcome increase in the proportion of three-room houses.
In some of these there is a large attic bedroom with storm windows : but in most cases the traditional
plan of the one-storey house is adhered to. On the whole the occupiers probably prefer this ; and as
suflBcient land is usually obtainable in mining villages, it is argued that there is no need to build above a
single storey. The double-flatted cottages found in two or three of the more modem villages are said
to be noisy for the family on the ground floor ; while, although the self-contained two-storey cottage is
not common in Scotland, two of the miners' representatives stated that where such cottages had been
built the occupants soon became accustomed to them. (D. W. Robertson, 6718 (14), 6826 f. ; R. Brown,
18,319 ; Paul, 26,275 ; M'Kerrell, 26,875 ; c/. SulUvan, 26,959 ; Barr, 27,536, ff.) The provision of
gardens and the greatly improved lay-out of certain of these villages has already been commented on.
958. It may be worth while for us to refer in more detail to three or four examples of the improved
miner's cottage. Provost Brown claimed that the houses at Newtongrange (Midlothian) were probably
the best miners' houses in Scotland, as they contained a kitchen and four or five rooms, with conveniences
and gardens. The rents of the best houses are 10s. 6d. a fortnight, and these large houses are taken
chiefly by famiUes with several members working. (Brown, 18,276 (7), 18,317.) In West Lothian good
houses have been built in several centres, some of them being arranged on the garden suburb principle.
Those contain, in addition to three rooms and a scullery, a small pantry off the kitchen, bathroom, etc.,
the rental being 6s. per week, including all rates. (Hood and Small, 27,385 (26).) In a group of new
three-room miners' houses in the burgh of Bo'ness, the house has a total size, interior measurement, of
6171 cubic feet. (Louden, 34,388 (36).) In Raasay, the island adjacent to Skye, a West of Scotland
iron firm has built a group of miners' houses which are stated to have set a new sanitary standard for
that part of the world. (Wedderspoon, 6545.) As regards Ayrshire, the miners' representatives specially
called our attention to the cottages built by the DalmelUngton Coal and Iron Company, at Broom Knowe,
and we consider that their description and comments are sufficiently important to quote :—
The cottages are built in two rows, and are of brick and roughcast. There is a small garden-plot
of ground, surrounded with a wooden railing, in front of every house. Each house has both a front
door and a back, and the accommodation provided is two rooms, a kitchen, a scullery, with washing-
house, boiler, and a water-closet and coal-house. The dimensions of the apartments are as follows : —
Kitchen, 21 feet by lOJ feet (exclusive of set-in beds).
Room No. ], 11 feet by 10 feet.
Room No. 2, 11 feet by 10 feet.
Back kitchen or scullery, 10 feet by 9 feet.
The rent of this house is 4s. per week, including rates. The kitchen is fitted up with a large
press reaching from the ceiling to the floor, and is arranged so that one compartment serves as a
wardrobe and another serves as a cupboard. The back kitchen, the water-closet, and coal-house
are built like outhouses, but joined to the main building. There is no ashpit, but the people put
their refuse in pails, and this is collected by the scavenger every day. This is almost an ideal house
for a miner's fami.ly. The addition of a bathroom would have made it complete, and it will be
observed that the length of the kitchen, 21 feet, leaves almost sufiicient room to take a portion
of it for a bathroom, and still leave an ordinary sized kitchen. This could have probably been done
at a cost of another 3d. per week on the rent. We are of opinion that if this were done, and houses
of that description suppHed to the miners, the housing problem, so far as these workers are concerned,
would be practically solved. (M'Kerrell and Brown, 26,661 (9).)
•
In Fifeshire, the Fife Coal Company have provided new houses of a superior type at High Valley-
field, a description of which we have already given. (See para. 876.)
(26) How FAB Lakger Houses are Appreciated.
959. The question naturally arises how far miners are prepared to take advantage of the improved
accommodation now being provided in certain districts. In Midlothian and West Lothian there was
strong testimony as to their appreciation, though it was indicated that at first the additional rent might
be felt to be something of a hardship. There was evidence also regarding the improvement in the use
made of the houses when families formerly housed in inferior dwellings had grown accustomed to them.
The manager of the Pumpherston Oil Company spoke strongly of the desire for improvement on the part of
foremen and managers as well as of miners, and still more of their wives. (R. Brown, as above ; Doonan,
18,607 ; Bryson, 40,815 ff.)
960. On the other hand, it was stated by witnesses speaking for coalowners both in Fife and Lanark-
shire that the urgent demand was for houses of two rooms, and that larger houses sometimes stood vacant.
There can be little doubt that in the mining districts of Lanarkshire there was till recently, if not actually
up to the present, a demand for one-room houses among a certain class of miner ; though this, we are glad
to say, has been strongly discountenanced both by Local Authorities and by the men's own leaders. The
figures already given regarding the building of new one-room houses up to about 1910 are significant, and
are borne out by the statement of the chairman of the Middle Ward District Committee of Lanarkshire : —
That there is no doubt whatever that you will let a one-room house very much quicker than
you will let a larger house. (G. Fraser, 31,120.)
Mr Fraser was arguing for the prohibition of the one-apartment dwelling as a family house. Mr Forgie,
of William Baird & Co., said : —
Recently we have been providing a larger proportion of three-apartment houses to accommodate
our workmen with large families, but have had difficulty in getting them let.
And similar evidence was given by the architect of the Fife Coal Co. as regards certain rapidly growing
districts in Fife. (D. W. Robertson, 6718 (17), 6819 ; Bain, 19,096 ; Forgie, 25,840 (69, 93).) Mr Forgie
142 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
also stated that in many cases the " room " in two-apartment houses is left imfuxnished, or if furnished
is little used and seldom ventilated, even where there is a fairly large family. He gave particulars of
536 two-apartment houses in Kilsyth, in 62 of which the " room " was unfurnished and in 71 was only
furnished with a bed. In another case (the double-flatted houses at Bedlay already referred to) the state-
ment was made that 40 per cent, had only one room out of two furnished ; but a revised statement,
given by Mr Forgie about a year later, showed that the percentage, while still high, had been reduced
by 11 per cent. At the beginning of 1914, 10-84 per cent, of these houses had only a bed in the room and
18-07 no furniture at all. (Forgie, 25,840 (73), 25,855. Appendices CIV., CV., CVI.) Mr Forgie
suggested that the furnishing of 11 per cent, more " rooms " in the course of a year was probably due to
a period of good wages. (26,120.)
961. The same village was one of those in which three-room houses stood vacant for about a year
after being opened, in spite of the fact that employment was good and men were needed. In this case
the houses were isolated, and some of the men preferred to live in Coatbridge, four miles away, and travel
to and from their work, finding apparently that Coatbridge was an attractive place of residence. This
and similar difficulties in newly established colliery villages are largely due to the fact that a newly
opened colliery tends for a time, until conditions become settled, to attract a shifty and unsatisfactory
class of workmen. In these cases efforts made by the colliery owners to initiate improved conditions
met with less response and greater difficulties than would be the case in a more settled area with a steady
type of miner. This difficulty was recognised by more than one of the miners' representatives.
(D. W. Robertson, 6848 (referring to difficulties at Valleyfield) ; J. Robertson, 17, 613 f . ; Gibb, 26,497.)
962. But while the response to the new stap.dard is not immediate, especially in the newly opened
coalfields, the evidence goes to show that on the whole it is both rapid and progressive. Mr Forgie summed
up his opinion on the difficulties referred to by saying : —
Example, I think, will have a wonderful effect in time — a far better effect than compulsion.
The opinion of Mr Gibb of the Lanarkshire Miners' Union was as follows : —
We are prepared to say that there are some miners who do not want a better class of house,
but we also say that the majority of our people want a better house and would be willing to pay a
bigger rent than they pay at the present moment for that better class of house.
To which Mr M'Kerrell of the Ayrshire Miners' Union added that he was in favour of the drastic treatment
of any man who, while a house of three or four rooms was available, overcrowded bis familv in order to
save 6d. or Is. 6d. a week. (Forgie, 26,122 ; Gibb, 26,459 ; M'Kerrell, 26,804.)
963. The representatives of the Lanarkshire and Stirlingshire miners also gave instances from their
practical experience of the readiness, and in some cases eagerness, with which new houses were taken
advantage of in their districts, as did the town planning engineer of the Middle Ward District Com-
mittee of Lanarkshire. (Dykes, 26,373 f. ; M'Roberts, 26,470 ; Gibb, 26,551 ; Doherty, 27,492 ff. ;
Ross Young, 43,369. cf. G. Fraser, 31,280 ff.) This evidence relates to new houses at rentals of from
4s. to 5s. 9d. per week, involving a rise of perhaps £5 or £6 per annum on the rent previously paid. The
last-named witness stated that in their recent building schemes they had increased the proportion of
three- and four-room houses over that originally contemplated owing to the readiness with which the
larger houses were applied for.
964. One of the miners' agents specially referred to the anxiety of the women to obtain better houses.
(Barr, 27,493, 27,539.) But as regards the readiness of the women to make good use of a better type of
house, we feel that the strongest evidence consists in a care and cleanliness which were very widely, though
not, of course, universally, shown in the keeping of houses which are structurally defective, spoiled by
damp, or cracked by subsidence. Our own observations on this point are confirmed by two of the Ayr-
shire witnesses, representing the divergent views on the Local Authority. The Housing Committee of
the County Council were, we were informed, in the course of their inspection, —
much struck with the way in which many of the occupants, notwithstanding the adverse con-
ditions which prevail, succeed in keeping the houses they occupy fairly comfortable, clean, and neat.
Similarly the Vice-Convener of the county summed up his impression in the statement that, as a rule —
the dwellers even in the worst places showed a remarkable and successful ingenuity in making
bad houses, damp walls, cracked ceilings, defective and uneven floors appear attractive, and in
putting the best face upon their surroundings. (Shaw, 37,533 (48) ; Wallace, 39,193 (44).)
(27) Historical Cause of Low Rents.
965. The question of the average proportion of wages paid by miners in house rent received a good
deal of attention from various witnesses. The facts appear to vary so widely that they are not readily
summarised. This variation is due to the fact that the last fifty years have seen a gradual change from
the old system, under which the miner received his house free but was bound to a certain term of service —
a system which still holds in the case of the farm-servant in Scotland — to the state of things in the newest
and best-appointed colliery houses, where the rents charged are not much below those paid for similar
accommodation to private landlords. One witness mentioned that he had himself lived in a rent-free
house in the Dalkeith district as a young man, and that in 1874, when nominal rents were first charged
for the houses, there was considerable discontent ; and other witnesses mentioned that the effect of this
tradition still persisted, as —
The miner has grown up in the belief that he has his house at a cheap rent as a perquisite, and
he naturally resents a higher rent.
(R. Brown, 18,287 ; M'Kerrell, 26,821. c/.Adamson, 7486, 7602.) Mr M'Kerrell said that the traditional
idea of the Ayrshire miners was that they ought not to pay more than Is. 6d. or 2s. 6d. a week in rent,
but spoke strongly of the necessity of that standard being altered. (26,799.) In the North of England
REPORT. 143
the system still persists of giving the miner his house rent free as part of his wage, while those not living
in colliery houses receive a cash allowance. This does not appear in practice to be far removed from the
Scots system, by which employees of the companies housed in their dwellings have the rent deducted
from their wages at the time of payment. (Forgie, 26,124 ; c/. English Land Enquiry Committee's Urban
Report, pp. 197 ff.) In cases where the houses owned by the companies are old and poor in type, as well
as low in rent, the system appears to have a bad effect both on the miner, who is reluctant to pay a larger
rent than he has been accustomed to, and on the company, which can plead when improvements are
demanded that the houses are yielding a very low return.
(28) Instances op Rentals in Colliery Districts.
966. Bearing these facts in view, we may proceed to give certain examples of the rents charged.
We give first certain figures furnished by the Ayrshire miners regarding bad and old houses in their
county : — single apartments. Is. 5d. per week. Is. per week, 6s. 6d. per month, 7s. lid. per month, Is. 6d.
per week, Is. per week. Is. 3d. per week ; two apartments (one very small), 2s. Id. per week ; two apart-
ments, 2s. per week, 9s. 6d. per month, 8s. 7d. per month. Is. 3d. per week. (M'Kerrell and Brown,
26,661 (14, 22, 28, 32, 38 f.).) The range of rents in this county were stated by the Coalowners' Associa-
tion as from Is. to 2s. Id. for one-apartment houses, from Is. 5d. to 3s. 4d. for two-apartment houses,
from 2s. 6d. to 5s. 9d. for three-apartment houses, and from Is. 8d. to 6s. 4d. for more than three-apart-
ment houses, the average rent per week being the following : —
s. d.
Single-apartment 14-5
Two- „ • . . . 2 219
Three- „ 3 0-94
More than three 3 6-32
(Borland, 26,970 (9, 22).) The witness added — " The rents of houses in towns, with similar accommoda-
' tion, are much higher than in mining villages. " In the Valuation Rolls for Stirlingshire and Dumbarton-
shire in 1908-9, 2735 colliery houses in landward areas were rented on the average as follows : — 495
one-apartment houses, £2, 14s. 9d. ; 2096 two-apartment houses, £6, Is. 4d. ; 126 three-apartment houses,
£10, 9s. 5d. Dr M'Vail, in quoting these figures in his Report (p. 57 f.), pointed out that 760 two-room
houses in East Stirlingshire, where the villages are old, had an average rental of £4, 13s. 8d. ; 466 two-room
houses in East Dumbartonshire (somewhat newer) averaged £5, 14s. ; while in central Stirlingshire,
which includes the newest villages, the average rental of 946 two-room houses was £7, 5s. In the case of
one large Lanarkshire colliery village with 458 houses the rents are elaborately graded from £4, 17s. 6d.
for a one-apartment house with water outside, through seven intermediate stages (of which £10, Is. 6d.
for two rooms with separate conveniences may be taken as typical), to £14, 6s. for three apartments
with all conveniences and bath. (Dr Wilson's Report, p. 114.)
967. It has to be kept in view that in some mining centres the standard of habitability is so low
(a house so called — consisting of very little else than four walls and a roof — ^no scullery, no water-closet,
no coal accommodation, no presses, water to be carried from a distance) that " rent " in its ordinary
significance does not enter the minds of either colliery owner or the miner tenant. The houses — such
as they are — are simply looked on as part of the colliery plant — and that the least expensive — for pro-
ducing as large and as remunerative an output as possible.
(29) Proportion op Wages Paid in Rent.
968. Thus any wide generalisation as to the proportion of wages spent by miners in house rent must
be subject to considerable corrections at both ends of the scale. The Sanitary mspector for Musselburgh
stated that it was very difiicult 'to give an average rental for houses occupied by miners, owing to the
extreme variations from £3, 10s. for a single room to a maximum of £16 ; but that in his opinion the
average might be taken as about £9. On this basis a miner in regular work, who was the sole wage-
earner of his family, would in 1913 have been paying from one-tenth to one-twelfth of his wages in rent.
This proportion was lower than that paid by shop assistants (from one-sixth to one-eighth), by skilled
workmen in the building trades (from one-eighth to one-ninth), and by a group of miscellaneous workers
(from one-ninth to one-tenth). The only trade mentioned by witness in which the proportion paid
was lower was that of builders' labourers, paying £5 rent, or about one-tweKth of their income : but here
there would be much broken time. (Barclay, 2208, Appendix IX.) The evidence shows that miners
living in towns pay a higher rent to private house-owners than those living in colliery rows do to their
employers. In Cambuslang, miners were in 1914 paying up to £17 or even £19, 19s., including rates, for
three rooms and bathroom. (Tonner, 37,267.) It is somewhat hazardous to generalise from the conditions
in one or two towns ; but, so far as we can judge, the proportions given above appear to be representative,
except that in the majority of miners' rows owned by the companies, the average rental would not amount
to £9. Dr Dewai-'s estimate, based chiefly on experience in Fife, was that the average rent amounted
to about £5, 14s. per annum, while the family income would in most cases, even at a period when " short
' time " was common, be in the neighbourhood of £100. (Dewar, 764 (10).) This gives a proportion of
rent to income of less than 6 per cent. The rents of colliery houses invariably include occupier's rates.
Two witnesses distinguished between the case of a single earner, who might pay from 8 to 10 per cent.,
and that of a household with more than one wage coining in, where the proportion would be about that
named by Dr Dewar. Witnesses representing the coalowners of Fife mentioned similar figures. (D. W.
Robertson, 6718 (2), cf. 6739, 6790 ; Kirkby, 7252 (6), 7258 f. ; Hendrie, 7413 (5) ; Paul, 26,253 (3).)
969. But, while certain miners, especially those living in towns, spend a much larger proportion
of their wages in rent than that just indicated, there are also extreme variations at the other end of the
scale. The Managing Director of Messrs William Baird & Co. mentioned five instances of earnings at
Bothwell collieries going into one house. In the first, a father and three sons earning in all £7, 4s. 3d.
144 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
per week were paying £7, 7s. 4d. per annum for a two-apartment house occupied by thirteen people.
In the second and third cases, the rent and accommodation was similar, and there were eleven occupants :
while in one three workers were earning £5, lis. 6d. per week, and in the other two workers were earning
£4, 6s. 6d. In the fourth case, a father and three sons were earning £7, 4s. 5d. per week and paying £7, 48.
per year in rent ; while in the fifth, the earnings amounted to £10, lOs. and the rent to £14. Witness
stated that there were larger houses readily obtainable ia the district at the time. (Forgie, 25',840
(13, 61), 25,907, Appendix XCVIII.) Mr Forgie estimated the average rent paid by Messrs Baird's workers
living in the Company's houses at 2s. 9d. per week inclusive of rates, as against 4s. 6d. in outside houses.
(25,840 (27).)
970. The Clerk to the Mid-Lanark District Committee supplied us with full details of the wages
received and rents paid by iron workers as well as miners in that district, which supported the general
conclusion that rents do not vary with wages to the extent that might be anticipated. For instance,
the smelters and smelters' helpers employed by a well-known firm were before the war receiving wages
varying from £6, 58. to £2, 3s. per week ; but in spite of these variations they are all stated to occupy two-
and three-apartment houses with rents running from £11 to £16, 10s. In the case of another firm, " first
' smelters " receiving £8 per week were said mostly to reside in houses built by their Union, containing two
apartments and bathroom, and rented at £13, 10s. ; while " under hand puddlers," who only received
£1, 8s. per week, and labourers in receipt of £1, 3s. were occupying works houses of one apartment at 2s. 9d.
per week (£7, 3s. per annum), or two apartments at 4s. 3d. per week (£11, Is. per annum.) In a third case,
labourers with a wage of 22s. to 24s. and furnace fillers receiving 40s. to 44s. per week were both returned
as occupying houses of one large and one small apartment at 18s. per month. (Whyte, Appendix CXXVII.
1^(1' 2. 4).) . ....
971. In the cases cited above, showing disproportion of rents paid to earnings or family income, it
is probably true to say that the rents paid were as much as the houses were worth, and the problem is,
on the one hand, to get better houses provided and, on the other, to induce miners to break with environ-
ment and long tradition and to occupy improved houses when provided — at a higher rent.
(30) Willingness to Pay a Higher Rent for Better Accommodation.
972. The great majority of witnesses stated that miners would generally be foimd willing to pay a
higher rent if improved houses were provided. Dr Dewar said that he had never known a case of complaint
regarding the rent charged unless the condition of the house was being complained of. (906, 1101 ; cf.
Robb, 4830 (38).) Of the miners' representatives who appeared before us, the great majority took the
same line, though in certaia cases some qualifications were made. Two of the witnesses from Fife, while
emphasising the urgent need for better houses and indicating that they would be well used, were unwilling
to pledge themselves to any considerable increase of payment. Another witness held that " workmen
' would not be averse to paying what would be reasonable and fair under all circumstances for the increased
' conveniences," but that they would not be willing " to pay such an increased rental as to enable
' employers to reap an increased return from their houses." The representatives of the shale miners
urged that Government should advance money at a rate which would permit of a house with all improve-
ments being provided at 3s. to 4s. per week. (Hynds, 7229, ff. ; Adamson, 7538 ; Cook, 19,421-19,435 fE. ;
Small, 27,399.) But the majority of the miners' witnesses were willing to accept the general principle
that improved housing implied the payment of higher rents. They recognised, indeed, that there would
be reluctance on the part of certain of the men ; for, in the words of Provost Brown, " There will always
' be some who will raise objections to any increase whatever the benefits are to be." But the general
feeling appeared to be that such opposition would give way before education and example, while one or
two witnesses were prepared to apply compulsion to men who refused to pay for adequate accommodation
for their families. The representatives of the Lanarkshire Miners' Union were quite emphatic that no
State subsidy was desired, but that if their constituents were not able to afford to pay for the improved
house on an economic basis, " then the fight must be in another direction " — i.e. for increased wages.
(Gibb, 26,459 (2, 4, 6).) It should, of course, be noted that this evidence was not given in view of war
prices, although in March 1914 building prices were already high. {Of. Adamson, 7493; J. Robertson,
17,700 ff. ; Doonan, 18,609 ; Sullivan, 26,947 ; Gavin, 37,362.) One of the representatives of the Ayr-
shire Miners' Union took the same ground, but another expressed more hesitation. (M'Kerrell, 26,799,
26,821, 26,853; c/. Brown, 26,789.) In the same way representatives of Local Authorities or mine-
owners spoke to the ability, and in most cases the probable willingness, of miners to pay an enhanced rent.
(Ramsay, 19,275, ff. ; W. E. Whyte, 36,834 (84) ; cf. Shaw, 37,533 (57).) But it should be noted that in
more than one case representatives of the mine-owners criticised the estimates of building costs on which
the miners' statements were f oimded as decidedly too low. (Bryson, 40,769 ; Forgie and Mowat, Appendix
CIX.)
(31) Increased Rents for Improvements in Old Houses.
973. There was some difference of opinion as to the readiness with which an addition to the rent is
paid in consideration of improvements carried out on the older houses. Two of the inspectors of the Local
Government Board said that they had found that miners did not at all grudge such an increase. (Dewar,
799 ; Wilson, 3997 (10).) On the other hand, we' were informed that in somecases the increase was con-
sidered excessive. This is a matter which greatly depends on the extent of the improvement carried out,
and the way in which it is done. It was, for instance, stated that Messrs William* Baird & Company were
requested to bring water into certain houses and place sinks in the kitchen ; but no agreement could be
reached regarding the terms, as the owners claimed that an increase of 7d. or 8d. per week would be required
to cover the cost of the improvement, while the house occupiers were unwilling to pay more than 3d.
But this case was complicated by a difference of opinion as to where the sinks should be placed, the miners
wishing them to be in the kitchen, while the mine-owners preferred on hygienic gi'ounds to place them on
the stair heads. (Forgie, 25,868.) The majority of recent improvements carried out in the Middle Ward
of Lanarkshire have been charged for, although in at least one case expensive improvements have been
REPORT. 145
carried out without any addition to the rent. In some other cases a compromise has been arrived at,
and the muiers occupying the houses have agreed to pay half the additional rent originally asked for.
(Wilson and Touner, 37,230a. ff.) That there may be a willingness to pay an enhanced rent when old
houses are reconstructed and enlarged and have sanitary arrangements added (as at Baird's Square,
Holytown, where the increase was from 2s. Kkl. to is. Id.) is not inconsistent with a reluctance to pay a
double rent where the improvement only consists in adding sanitary accommodation shared by several
tenants. We were informed that the latter was the position in several properties in Wishaw. (Downie,
41,250 (66) f.)
(32) Return on Houses Owned by Colliery Companies.
974. Here also we have to distinguish between cases in which the tradition of " free houses " still
largely determines rent, and others in which the Colliery Company charge a rent for modern houses which
gives a moderate return on the capital involved. To judge by certain comprehensive statements sub-
mitted by coalowners in the West of Scotland, the former is the more usual position. Mr Forgie gave
elaborate figures regarding the return on 976 worlanen's houses built in Lanarkshire by Messrs William
Baird & Company since 1874. These houses cost £128,593, and yield an annual gross rental of £7167, or
5-57 per cent, of the capital. The total annual burdens amount to £3640, or 2-83 per cent, of the capital.
In the burdens are included 0-57 per cent, for scavenging, factor, etc. ; 0-29 per cent, for land (this only
represents a portion of the cost of the land, it being nearer 0-75 per cent.); 1-15 per cent, for rates and
taxes ; and 0-82 per cent, for repairs and materials. If depreciation were allowed for, the return would
be reduced to 1-65 per cent ; nor does this figure take account of the proportion of rental expended in
some years upon improvements. (Forgie, 25,840 (53 f., 90) ; Appendix CIII.) The Summerlee Iron
Company have built 903 houses, containing 1678 apartments, with a gross rental of £5360, 19s. 7d. The
return in this case is very similar, viz. 2-83 per cent., or 1-77 per cent, after a deduction has been made
for depreciation. (Mowat, 25,841 (3 £E.), Appendix CVII.) The representatives of the Ayrshire Coal-
owners' Association stated that a two-apartment house costing £160 could not be let at £6, 10s. — the
average rent for a house of this siise before the war — without a definite loss, and that rents would need to
rise by about 100 per cent, if an ordinary return were to be obtained. (Borland, 26,970 (28) ; A. Steven-
son, 26,972 (21 f.).) The architect of the Association mentioned that the cost of upkeep and repair,
includmg taxes, commonly amounts to 50 per cent, or 55 per cent, of the rental received.
(33) Return on Old Houses.
975. It must, of course, be borne in mind that, if the rents charged for the oldest type of house were
often very low, the houses had been erected originally at a small cost. The'only definite figm-es which we
obtained on this subject were those related|to houses erected by Building Societies in the middle of last
century. The houses already referred to at Shotts were built about the year 1842 at a cost of £38 each.
(Report (in 1844) by Mr Tremenheere, Inspector of Mines, appointed by Government to report on adminis-
tration of Act of Parliament dealing with female and child labour in mines passed in 1842.) The Raploch
Building Society, Larkhall, began, in 1860, building houses with two large apartments and garden, costing
£95 each. (Dr Wilson's Report, p. 41.) The discrepancy between these prices seems very large, but
probably it is in part accounted for by the more substantial character of the houses at Larkhall. The
data are too slender to form the basis of a definite estimate ; but probably it may be assumed that houses
in rows built seventy or more years ago, some of which are still in use, did not cost on the average much
over £50. If they were rented at Is. or Is. 6d. per week, as was not imcommon, this represents a return
of from 5 to 7| per cent gross on the capital, which cannot be called extravagant. But in some cases
where houses of this character changed hands at the end of a colliery lease, the rents appear to have been
largely augmented, and in this case the revenue obtained would be excessive. {Cf. J. Robertson, 17,691 ;
Downie, 41,250, (66-68).) We consider that the main question which should be steadily kept in view is,
not whether these houses are bringing in an excessive return to their owners, but whether they are fit
to be let as dwelling-houses at all. The Medical Ofi&cer for the coimty of Lanark gave as his decided
opinion that many of them had been built only to last for one generation, but had been made to serve
two or three, and especially cited the cases in which property had been bought up by private individuals
as having had " most disastrous results." (Wilson, 37,220 ; cf. Cowie and Gibb, 26,507a ff . ; and on age
of houses, Gavin, 37,284 (15, 31).)
(34) Overcrowding in Mining Communities.
976. There can be no doubt that overcrowding is particularly prevalent in the mining areas of Scot
land. This is clearly indicated in the evidence, but it is also shown by the last census ; and in this con-
nection one may note that the overcrowding in several of these areas has been emphasised since 1911,
as the recent movement of population has been towards the great industrial centres, especially those
engaged in the irou and steel trades. (Cf. remarks in Chapter III. on " Distribution of Shortage.").
977. As a statistical test of overcrowding, we take the proportion of the population living more than
three in a room, as shown by the Census of 1911. We find that, applying this test, the seven burghs and
the eight counties (and we see from the Census Report (Table 43, Vol. II., 1911) that burghs imder 2000 are
included in -counties for this statistical test) where overcrowding is most prevalent are all occupied to
a considerable extent by miners. We give a table showing the percentage of population in these areas
living more than three in a room and more than four in a room, and also the percentage living in houses
of one, two, and thi-ee apartments respectively ; and we add for purposes of comparison the figures for
three typical agricultural counties, viz. Aberdeenshire, Berwickshire, and Wigtownshire.
10
146
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Counties.
Ayrshire .
Clackmannanshire
Dumbartonshire
Midlothian
Fifeshire .
Lanarkshire
Linlithgowshire
Stirlingshire
Percentage of
Population
living more
than Three
Persons per
Eoom.
29-7
22-1
24-8
22-5
21-3
39-7
36-2
28-4
Percentage of
Percentage of Popula
Population
Houses of
living more
than Four
1
Persons per
One
Two
Room.
Room.
Rooms.
14-2
10-9
45-9
9-1
7-3
47-9
9-3
6-9
46-2
8-9
5-0
44-5
7-4
4-1
47-0
^20-2
16-5
51-3
16-1
9-4
56-7
12-2
8-1
49-0
Thre(!
Rooms.
Typical Agricultural Counties.
Aberdeenshire
Berwickshire
Wigtownshire
4-6
10-9
8-4
0-9
3-6
2-0
1-4
3-9
1-6
14-()
31-5
15-5
15-3
18-3
20-7
22-7
24-9
13-6
18-2
18-4
25-]
22-2
30-1
(The only other county area (excluding large burghs) which showed a proportion of over one-fifth
of the population living more than three per room was Shetland, with 20-4 per cent.)
Burghs.
Airdrie
40-1
20-2
19-3
51-5
14-4
Armadale .
52-7
34-8
27-1
55-7
10-6
Coatbridge
45-0
23-7
22-4
54-1
13-6
Hamilton .
40-3
19-7
18-7
49-5
16-4
Kilsyth .
47-8
28-2
26-5
48-0
13-2
Motherwell
40-3
19-2
16-8
53-7
20-3
Wishaw
45-f
24-2
23-0
53-1
13-7
978. We do not suggest that the prevalence of a low standard of accommodation in the mining
communities is the only cause of this correlation between coal-mining and overcrowding, for these areas
contain many other industries, and in some cases they have developed with great rapidity. Consequently,
it is only to be expected that, at a time when there is a general scarcity of houses, they should show greater
pressure on the available accommodation than agricultural districts with a stationary or declining popula-
tion. But there is no doubt that in mining districts, especially in the West of Scotland, the movement
from one and two rooms to three rooms as the standard family house has been slower than among other
sections of the population. But in this connection it must be kept in view that, until recently, few,
practically no, three-room houses have been built in mining villages.
(35) Particular Instances of Overcrowding.
979. The general impression given by these statistics is borne out by certain instances of acute
overcrowding in mining villages which were cited in the evidence. In the Dunfermline district of Fife
the Sanitary Inspector mentioned the following :- -
A two-room house, the kitchen occupied by a husband and wife and three children and two
lodgers, and the bedroom sub-let to a husband and wife and one child. In another case the kitchen
was occupied by the tenant, his two brothers and mother, all adults, and the room by a man and
wife and four children. In another case there were two families, consisting of five adidts and eight
children, in a two-room house ; and in still another a family of twelve, six adults and six children.
In the last three cases cited the Sheriff ordered the abatement of the nuisance, and gave expenses
against respondent, but did not impose a fine. (Davison, 4641, 4818.).
The representatives of the Ayrshire Miners' Union during their investigation foimd a husband, wife,
three children, and three lodgers in an old house with a kitchen and very small room. In another house
of one room they reported two married couples, besides a girl of eighteen years and three children.
(M'Kerrell and Brown, 26,661 (2, 44).). Other extreme instances in houses largely occupied by a mining
population in the burgh of Wishaw will be found in the evidence of the representative of the Wishaw
Housing Coxmcil. (Downie, 41,250 (36).) Nor is overcrowding confined to old and defective properties.
It was also reported as prevalent at Valleyfield (Fifeshire) (where at the same time there was a large
number of new empty houses waiting tenants), and in the Lothians, where houses are good. At Winch-
burgh, where 161 houses out of 230 recently erected have three apartments, there were sjiid to be many
yoimg married couples living in rooms, and numerous cases of sub-letting to a distinct family owing to
the great scarcity of houses. (Hood and Small, 27,385 (23).) In some cases, where vacant houses are not
REPORT. 147
available, the occupier and his wife will allow a married daughter and son-in-law to live in their house
rather than postpone the marriage indefinitely. (Sullivan, 26,894 (19), 26, 955).
(36) The Question of Sub-letting.
980. But a more frequent caiise of overcrowding than that just named is the custom of sub-letting
a portion of a house to another family, and the constant difficulty regarding the accommodation of lodgers.
It was reported that in Lanarkshire —
in quite a number of cases you get families living in both room and kitchen, although the tenants
of the room must pass through the kitchen, as there is only one door. (Sullivan, 26,894 (5).)
This state of matters was said to be more common elsewhere when the house either had a front and back
door, and the door between the kitchen and room could be temporarily closed, or was built with a lobby
from which each room, or all three rooms, issued independently. In this case there is not the same
objectionable association of the domestic life of the two households, but there is the very serious dis-
advantage that the family to whom " the room " is sub-let have no proper conveniences ; e.g. being without
a sink, the housewife is apt to empty all slop water into the open gutter in front of the row. One witness
stated that in his opinion the provision of two beds in the kitchen of the miner's house promoted sub-
letting, by encouraging him to carry on his full family life in one room, leaving the other free. (Davison,
4634 (10 f.) ; D. W. Robertson, 6718 (9), 6745, 7035 ; Milligan, 19,301.) A further reason given was
that the rental of the new houses was considered high, and that to sub-let the room assisted with the
rent ; while the manager of the Wemyss Coal Company said that, after building a large number of three-
room houses, they had to resume the construction of two-room houses, as when young miners marry
they are, as a rule, unwilling to take and furnish a three-room house. (Davison, loc. ait. ; Kirkby, 7334.
Cf. Hendrie, 7413 (15), 7459.) The last-named witness mentioned that he had seen sub-letting in a two-
room house, but not so often as with three rooms. A case was cited in Hamilton where a miner occupied
a five-room house at a yearly rent of £10, 4s., using two rooms himself, and letting the other three to
lodgers at a weekly rent of 5s. each apartment, although the latter rooms could be described as being
" in a ruinous condition." (Appendix V., p. 14.) In this case the inducement to continue sub-letting
was sufficiently obvious.
(37) Lodgers in Mining Villages.
981. Several references were made to the difficulty which young men find in obtaining accommodation
when their work takes them away from home. The problem is a difficult one, as the introduction of a
lodger or lodgers into a two-room house occupied by a family, especially where the room opens from the
kitchen, is obviously a grave social evil. It was stated that at Armadale, which heads the list of over-
crowded burghs, this does not form a serious difficulty, as a certain number of regular workmen take
advantage of the common lodging-house there. But we had considerable sympathy with the protest
of one of the representatives of the Fifeshire miners against this arrangement becoming general. (Frew,
3090 ; J. Robertson, 17,727 ff. ; Forgie, 25,840 (64 f.).) If an improved type of lodging-house could be
devised embodying some of the comforts and social advantages of home, this might form an excellent
solution of the problem ; but, as lodging-houses are at present (see chapter on " Common Lodging
Houses "), it appears to us that the taking in of lodgers by families forms the lesser evil. But for this
purpose it is clear that larger houses than those commonly found in mining districts are imperatively
required, and that some supervision is necessary. At present lodgers are frequently taken into
houses which are already fully occupied by the family- — whether from good-nature on the part of the
occupier or from the desire to make some extra profit, or because of the entire absence of alternative
accommodation.
(38) Responsibility of the Colliery Companies for Overcrowding.
982. As was not unnatural, somewhat widely differing opinions were expressed on this point. The
Sanitary Inspector (Davison) already quoted stated that he did not consider the provision of 168 houses
erected by one company was sufficient tor a new mine employing about 620 workers. In the same
district, in West Fife, a mine had been started employing over 500 men ; but when our evidence was taken
nothing had been done to provide houses, owing, it was said, largely to the unwillingness of the proprietor
to grant a site. About 60 men had found houses in a village nearly seven miles away ; and so they had
to suffer the inconvenience of living a long distance from their work, while overcrowding had resulted
in the village in question. In the Harthill district of Lanarkshire new pits were being started that would
employ 900 men, these attracting a population of about 3000 people. (Davison, 4634 (36), 4645 ff. ;
Sullivan, 26,908.) In such cases it is clear that, whatever subsidiary measures may be taken, the only
direct way of diminishing overcrowding is by providing a sufficient number of new houses.
983. In regard to the control actually exercised by the companies in the villages which they own,
opinions were also somewhat divergent. On the one hand it was stated that no effective control was
exercised, and that the companies seemed to be content to let things take their course. (Davison, 4749 ;
M'Vail, 5326 ; Doonan, 18,652. Gf. paragraph on " Tenure of Companies' Houses " above.) But repre-
sentatives of the companies mentioned that considerable efforts had been made to control sub-letting
(though they differed somewhat as to the success of these efforts), one expedient being to "intimate
' a charge of double rent." In another case it was stated :• —
We do not allow overcrowding. Whenever any case is reported by the factor, the occupant
has either to remove the excess occupancy or is served with a notice of ejection.
In still another it was claimed that, while the company had not found it possible to deal with lodgers,
they discouraged sub-letting to a separate family as much as possible, and it was consequently " very
' rare." (D. W. Robertson, 6718 (9) ; Bain, 19,057 (15) ; Forgie, 25,840 (63 f.)) The witness who men-
148 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
tioned the first plan said that several expedients had been tried, but " had not served any good purpose,"
and that the only ultimate remedy in the hands of the proprietor was ejection. (D. W. Robertson, 6952 ;
c/. Kirkby, 7334.)
984. On the whole the weight of evidence was in favour of placing on the Local Authority the duty
of checking sub-letting ; but it is clear that if this is to be done efiectively, the co-operation of the colliery
company or other house-owner is essential, in addition to the provision of new and larger houses. With
or without such co-operation, if the Local Authorities rigidly enforce their powers in this matter, colliery
owners will be compelled to build more houses where required, and at the same time overcrowding wiU
diminish and eventually disappear. The legal powers conferred upon Local Authorities by Section 72
of the Public Health Act, 1897, appear ample, and are stated to have been satisfactorily applied in Lanark-
shire about the year 1902, when there was a great influx of Lithuanian workers, mostly yoimg unmarried
men, who came to live with their compatriots, and caused acute overcrowding. (Dr Wilson's Report,
p. 22 f .) But this active policy does not appear to have been persisted in, as during five years prior to
1914 only thirty-one cases of overcrowdmg had been reported to the Sanitary Inspector for Mid-Lanark.
(Dobson, 36,835 (17) ; c/. J. T. Wilson, 37 142 ff.)
(39) Proportion of Houses owned by Employers.
985. It is of importance to give some idea ot the number of miners who are housed in dwellings
belonging to the companies who employ them. The figures supplied to us were incomplete except in
the case of Lanarkshire, but we give certain typical examples. In the Upper Ward of Lanarkshire, out of
2329 houses occupied by miners, 921 were owned or leased by the mine-owners ; in the Middle Ward
the number was 7026 out of 17,364, and in the Lower Ward 294 out of 1564, giving a proportion over
the landward areas of 38-7 per cent. It must, of course, be remembered that of the miners who live in
burghs a larger proportion lease their own houses. In Stirlingshire and Dumbartonshire, out of 12,276
miners employed in 1908, 4555 lived in houses belongmg to mining firms in the landward areas. In
Mid-Lothian and West Lothian the proportion was much higher, amounting to 7247 out of 9621. In
Ayrshire it was roughly estimated that about 30,000 miners lived in rows belonging to the companies,
while 10,000 resided elsewhere. (Dr Wilson's Report, pp. 59, 99, 216 ; Dr M'Vail's Report, p. 14 ;
Dr Robb's Report, p. 6 ; Dr Macdonald's Report, 1910, p. 39.) In Fife it was estimated that at least
90 per cent, of the miners resided in houses owned by the coalmasters. (Dr Dewar's Report, paragraph
14.) This, however, hardly squares with the figures supplied by the Fife Coal Company, which employed
before the war about 12,700 workers, as they owned^2952 houses, accommodating on an average about If
workers a piece, or with the figures .given by the manager of the Wemyss Coal Company, who only house
34f per cent, of the workers. (D. W. Robertson, 6718 (1-4) ; Kirkby, 7252 (7).)
986. The estimate of the average number of workers per house in dwellings owned by the Wemyss
Coal Company, the Fife Coal Company, and the landward parts of Stirlingshire and Dumbartonshire
vary only slightly, being respectively 1-6, 1-75, and 1-65. (Kirkby, 7252 (7) ; D. W. Robertson, 6718
(2) ; Dr M'Vail's Report, p. 7.) This is an important point in its bearing on the question as to the pro-
portion of their income which miners commonly spend in house rent.
(40) The Question of Houses provided by the Employers.
987. Several witnesses dealt with the general attitude of miners to the system of the " tied house,'
by which the miner occupies the dual position of employee and tenant of the company. We have already
given figures showing the number of houses owned by certain of the more important companies, which
show that the question is a large and important one. Certain witnesses emphasised the advantages of
the system, the chief being that the miner is supplied with a house near his work at a cheaper rent than
he would have to pay elsewhere. On this account one colliery manager stated that the men desired to
come into his Company's houses, adding that the payment of the rent in small fortnightly instalments
was an additional attraction. (Kirkby, 7398 f.) A miners' agent in West Lothian mentioned that in
some districts the privately owned houses were, if anything, below the standard of the companies' houses.
(Doonan, 18,596 (24).) It is felt to be an advantage from the employers' point of view that they can
coimt more steadily on the work of men who live in the colliery houses, especially where the pits are
removed from centres of population. (Bain, 19,256 ; Borland, 27,038.)
988. This very fact, however, constitutes the chief drawback to the system from the standpoint of
many of the men, who are said to have a greater sense of independence when they occupy privately owned
houses. Another coUiery manager in Fife stated that, owing to the rapid development of the tramway
system, men often preferred to Uve in a centre within reach of several pits rather than to be tied to working
in one. (Hendrie, 7413 (24) ; Dr Wilson's Report, p. 38.) It was also argued that the double position
of employer and landlord gave the owner too great a hold over the movements of the men. The repre-
sentatives of the Ayrshire Miners' Union, who used this argument, stated that m their behef the majority
of the employers themselves were anxious to assist in the improvement of housing conditions, but that
a considerable fear of intimidation by employers' subordinate officials still existed among the men, although
probably with less reason than at an earUer time,' (M'Kerrell and Brown, 26,661 (66), 26,709, 26,749 ff. ;
Hood and Small, 27,385 (40).) In such cases we take the point of this evidence to be that the miners
hesitate to demand improvements from their employers.
(41) Tenure of Companies' Houses.
989. The method of letting these houses in Fife was described as follows : — A new employee lodges
an apphcation for a house, stating his requirements, which are met as nearly as possible ; and the miner,
if he wishes, can see the house before accepting it. The period of let is commonly fourteen days, and the
tenant must vacate the house when his employment terminates : although it was also stated that he is
commonly allowed to stay on for a fortnight, or even a month, during which time he frequently pays no
REPORT. 149
rent. When there is a pressure upon the houses of the company, men employed elsewhere cannot obtain
these houses, and in one case we were informed that " lodgers employed by other companies are not
' allowed to be kept." (Forgie, 25,840 (44 f.) ; Paul, 26,253 (13), 26,323 fE. ; cf. Robb, 4830 (17).) This
proATision regarding lodgers seems to add some weight to the suspicion that the " tied-house " system
may tend to encourage colliery companies to connive at overcrowding in the case of their own employees.
990. In addition to the evidence from the representatives of mine-owners and miners on this subject,
Dr Dewar, of the Local Government Board, described at some length administrative difficulties which he
had found to occur in the case of " tied houses " which had fallen into disrepair. He stated that in certain
villages, whether in Fifeshire or Lanarkshire, " One is adjured in every second house ' no to say that
' I was complaining,' or is told brusquely on entering that ' the house is all right,' when a further inspec-
' tion shows that its defects are many and serious." He also suggested that owing to the magnitude of the
operations of the larger companies, complaints were apt to take an unduly long time to reach anyone in
effective control. Defects which are not remedied until successive complaints have been made to the
factor, and then the manager, after which the Sanitary Inspector may be appealed to and write to the
owner, are not flecessarily serious in themselves, but the delay in their rectification may inflict great
inconvenience. (Dewar, 764 (13 f.), 806 ff., 898.) Dr Dewar suggested that a solution would be found
" if owners of a large number of houses would lend an ear personally or by deputy to all reasonable com-
' plaints." (869.) Mr Forgie, of Wm. Baird & Co., said emphatically that they " gave every encourage-
' ment to any householder to complain past the official in charge of the houses if he does not get repairs
' done," and that no man woiild be dismissed for so doing. (26,168.) Dr Dewar also mentioned that a
higher rent was in some cases charged to pon-employees. (In this case the justification would be that
houses are suppUed to employees at less than the economic rent.) (1134, cf. Adamson, 7608.) At the
same time, Dr Dewar admitted the advantages of the system in securing the supply of houses, and stated
that it worked well in the case of new houses. (898, 989 f.)
991. The general opinion of the Miners' Unions is without doubt in favour of housing by a public
authority rather than by the employer. The majority of their witnesses did not specify what they
considered the second best policy, but Mr Adamson, M.P., stated' clearly that, during the interval which
must elapse before housing by public bodies becomes the rule, the colliery owners cannot " divest them-
' selves of the responsibihty to their workpeople for providing reasonable housing accommodation at
' reasonable rents." (7484, 7621 f. ; cf. Gibb, etc., 26,365 (9) ; M'KerreU and Brown, 26,661 (66) ; Hood
and Small, 27,385 (40).) Other witoesses maintained that t^xQ first responsibihty lay with the employers ;
and it was stated that the chief objection raised by certain of the coalowners was that provision of houses
for their workpeople was not by any means the most remunerative use to which they coidd put their
capital. (A. L. Reid, 3346 (19), 3486 ; Robb, 4897 ; W. Stevenson, 26,181.) It was also argued by
Mr Forgie, of Messrs Wm. Baird & Co., that the provision of houses gave great trouble, and formed a re-
sponsibihty not generally assumed by employers in other trades. On the other hand, it was stated
by Mr Mowat, who also represented the Lanarkshire Coal Masters, that the majority of firms would be
willing to build any class of house that the miners wished, provided that they saw their way to secure
4 per cent, net return. (Forgie, 25,872, 25,971 ; Mowat, 25,930.)
992. On the whole, the provision of houses by the employers is regarded on both sides as the second
best course ; but in isolated districts at all times, and in all districts for a considerable period before
the war, outside builders had shown no readiness to step in to fill the gap. Thus the practical choice
appears to he between building by the employers or by the pubhc authority, or partly by the one and partly
by the other — ^a large question of general policy which we discuss elsewhere.
(42) The Prospective Exhaustion of Coal-Mines in its Bearing on Housing.
993. The problem of the effect on housing when the pit or pits for which the houses were provided
approach the stage of being worked out was referred to at length by several witnesses. There can be no
doubt that the possibility of this has been used as an excuse for the neglect to repair dilapidated houses
or for the continued use of houses that are practically iminhabitable ; and a real administrative difficulty
has thus been created. (Dewar, 764 (17) ; Whyte, 36,834 (84).) We endeavoured to discover how far the
difficulty was a genuine one, as it would be if coalowners were either faced with the loss of good houses
or compelled to spend on the renovation of old houses a sum out of proportion to their prospective utihty
and value. On the whole, we came to the conclusion that, looked at from this point of view, it had been
very considerably exaggerated. The clearest testimony to its existence was that of the Medical Officer
for Midlothian, who stated that " in certain districts there are many houses uninhabited owing to the
' closing of a pit or work, with the consequent departure of the occupants to other places " ; and he cited the
case of Bonnyrigg (in Midlothian), where " some very good houses were being gradually emptied " from
this cause. (Robb, 4830 (12), 4987.) One case was quoted from Lanarkshire and one from Ayrshire,
in which houses had to be removed because of the abandonment of the colhery from the practical exhaus-
tion of the minerals. (Mowat, 25,935 ; Forgie, 25,944.) In the former case the houses were rebuilt
eight or nine miles, away. No other clear case {i.e. where the houses were not subjects of complaint on
the groimd of dilapidation) was quoted, while several witnesses drew attention to the fact that the question
is now less one of the life of the individual pit than whether the coalfield as a whole is approaching ex-
haustion. In certain cases [e.g. in the Slamannan district, Stirhngshire) the latter may occur, but other
cases were quoted in which coalfields well over a hundred years old had entered on a fresh term of activity.
Owing to improved methods, thiimer seams can be worked now than formerly ; nor will mine-owners
readily erect the expensive plant now necessary if the pit is only likely to last for a short term of years.
On this point Mr Forgie's statement is authoritative regarding Lanarkshire. There is little doubt, he
says, that new colheries (with few exceptions) will have expectations of at least thirty to forty years*
life ; and he adds that the coalfields in Lanarkshire will go on for a long time yet, so that there is not
much chance of any house property, built even at the present moment, being left unoccupied. (Forgie,
25,840 (88), 25,951 ; cf. Provost Brown's statement regarding certain Midlothian collieries, that " If
' anyone had asked a hundred years ago if they were done, he would have been told that they wer.e. Now
150 ROYAL COMMISSION ON HOUSING tN SCOTLAND.
' they are just beginning." (18,305),; see also Robb, 4830 (13) ; Doonan, 18,596 (34) ; Glaister, 23,491 ;
Mowat, 25,939 ; Cadell, 34,439.) It must also be remembered that the advent of the bicycle and the
electric tramway have, as we have already pointed out, made it possible for workers to travel regularly
to pits at a considerable distance from their homes.
994. Thus this particular form of the difficulty does not seem to be one which need cause much
trouble in the case of houses erected in the future. But undoubtedly the tendency to reopen mines
which had been closed or were on the point of closure, and the increased facilities for locomotion just
referred to, have quite definitely led to the continued use of houses which had ceased to be habitable.
(M'Kerrell, 26,731 f . ) The notorious case of the houses at West Benhar, in the county of Lanark, illustrates
the danger that houses which have fallen below present standards and have been transferred at a cheap
rate to a private owner may continue to find occupiers, because of the lack of alternative accommodation.
(For different views on this case see the evidence of feain, 19,186 ff. ; Mowat, 25,939 ff. ; Sullivan,
26,897 ff. ; Gibb and Cowie, 26,472 ff.) The County Clerk of Ayrshire stated that he only knew of one
case in that county where the termination of the lease had led to special difficulties regarding housing.
(Shaw, 37,618 f.) This was the case of Damconner, and here there could be no question of hardship to
the owners, the only question being whether the houses should not have been closed long before. {Cf.
M'Kerrell and Brown, 26,661 (7) ; Wallace, 39,193 (38). ) These houses belonged to Messrs Wm. Baird & Co.
(43) The Question op Termination of Colliery Lease.
• 995. Thus, while under present conditions there appears to be little danger of colliery houses becoming
derehct through lack of occupants while they are still in good structural condition, there does appear to
be some cause for dissatisfaction with the arrangements for the disposal of houses at the termination of
the company's lease of a particular mine. In such cases the houses may be handed over to the superior
for a comparatively small sum. One case was quoted in Lanarkshire where at the end of a twenty-one
years' lease (in 1904) a company had to clear away a large number of houses which it had erected, not
on account of the exhaustion of the minerals, but simply because the lease had terminated, and by its
provisions the lessees were bound to remove the houses. (Mowat, 25,953 ff. ; cf. D. W. Robertson, 6779.)
Mr Forgie stated that, owing to the heavy capital expenditure involved in present-day mining, the limita-
tion of leases of land for housing to thirty-one years (which was formerly the limit on entailed estates)
was not now desirable. (26,163.) We agree, and think a colHery owner should be entitled to a renewal
of his lease on terms to be agreed on between him and the superior, or failing agreement on terms to be fixed
by an arbiter. Apart from any possible hardship to the companies on account of termination of lease, an
undoubted administrative difficulty is raised when, owing to tha termination of the colliery lease, the
houses have become the property of some party other than the company from whom the company rent
them for the use of their workers. The company may accordingly be held responsible for the condition
of the houses so long as they are so rented by them, although the houses do not actually belong to them.
This is precisely the same difficulty which commonly occurs in the case of farm-servants' cottages — the
difficult)' being to determine whether the landlord of the farm or the farmer who rents the farm and cottages
from him is responsible for the upkeep of the houses. Several of the worst groups of houses which we
saw in Fife were instances of this divided responsibiUty, which was said by the Clerk of Works of the
Raith estate to be "a very bad system, as the proprietor is held responsible by the Local Authority for
' the upkeep and condition of these houses, over which he has no control." (A. Graham, 29,583 (6), 29,666. )
We do not enter into the case of the houses belonging to the Corporation of Dunfermhne, at Townhill,
as many have now been closed. In this instance the Town Council let the colliery along with the houses
on a nineteen years' lease, the rent obtained for the ninety-seven houses being £50. For many years the
Local Government Board had the greatest difficulty in securing the repair or closure of the houses, the
divided responsibiUty between the Town Council and the colhery companv forming one element of
difficulty. (Dewar, 1096, App. III. ; Jack, 4518 (38 ff.), 4541 ff.)
996. There appear to be two possible solutions of these difficulties. The best«(and the one we recom-
mend) is that the colliery company should obtain the land required for building houses as a feu indepen-
dent of the mineral lease. This is the policy now followed by Messrs Wm. Baird & Company ; and even
in the event of the colliery having to be abandoned, the company would be in a stronger position regarding
its houses, as they would not revert to the superior. (Forgie, 26,164.) The other alternative, which
appears less desirable but would still be an improvement on the present system, is that there should be
a definite valuation of the houses at the termination of the lease. (Stevenson, 26,183.) If this were
carried out by a representative of the Local Authority, there would be a guarantee that the state of the
houses and the degree of wear and tear which they had suffered would be taken into account in the price
awarded. In this » rise the superior woiild have some guidance as to the sanitary condition of the houses,
and consequently their prospective life. Dr Dewar made the further suggestion that, in cases which are
not compUcated by the question of the transference of the houses, where the prospective exhaustion of
a coal-mine is advanced as a reason for avoiding necessary expenditure on houses, a short time Umit should
be fixed, at the end of which measures would be taken " to secure that the houses in question be either
' renovated or closed and demolished." (764 (17), 1069, 1137 f.) The principle of the time limit is open
to the objection that during its currency nothing will be done for the upkeep of the houses.
997. On the whole, we consider that the recommendations made (1) that mine-owners should be
entitled in future to obtain ground for their houses under feu-charter, and (2) that where they presently
own houses built under leasehold tenure but do not desire to convert them into a feu, that such houses
should, at the termination of a lease — if the superior is reletting the minerals to a new tenant — be taken
over by the superior at a valuation, should go a long way to remove the evils which presently exist by
reason of the dual ownership of the collieiy site for houses. In this connection we hold strongly that a
mine-owner and his assignees should — under statute — ^be entitled to a renewal of his lease of the minerals
and of the sites for housing on terms which — ^failing agreement between the parties— would be fixed by
a single arbiter. This point would have an important effect on good housing, as it would give the mine-
owner security of tenure. In regard to the remaining class of case, viz. that in which the mine is or is
REPORT. 151
averred to be nearing exhaustion, we do not recommend any alteration in the law, but we do suggest
that the law should be rigorously applied. We cannot be any party to recommending any time-limit
arrangement which would have the effect of allowing houses unfit for occupation to remain inhabited.
If houses are unfit for occupation, and the owner will not or cannot make them fit for occupation, they
should be closed. It will be for the Local Authority then to consider what steps they should take to pro-
vide sufficient housing accommodation for the people to be dishoused. If the houses are near other
mines or other centres of industry, it may be that the Local Authority would, in the exercise of their dis-
cretion, deem it their duty to erect new houses. If, on the other hand, the mine is remote from any other
centre of population, and if the Local Authority decide not to build new houses, they shall be entitled to
require the mine-owner to erect such temporary houses as we reconamend for cases where a mine is
being opened and the minerals have not been proved, and failing the mine-owner erecting such houses
the Local Authority should be entitled to do so themselves and to recover the cost from the mine-owner
by way of special assessment. We refer to the recommendation which we make for temporary housing
in the case of a mine being opened, and its being difficult or impossible to prove whether the minerals
will be workable at a profit until a year or two has elapsed. (See succeeding paragraph.)
(44) Difficulties at the Start of New Mines and Question of Temporaby Housing.
998. More than one witness famihar with the conditions imder which new mines are started called
our attention to the uncertain prospects of some mines in the early stages of their development. Some
time must elapse before it is apparent whether they will prove successful. Unexpected " faults " or other
hindrances may occur, and the mine may even have to be abandoned. In these cases it is urged that the
proprietors cannot at the outset commit themselves to the full capital expenditure required for the housipg
on permanent lines of the whole staff of the mine. (Hendrie, 7413 (20) ; Glaister, 23,493 ; Borland,
27,047.) It seems obvious, however, that no one else can reheve them of responsibility ; and in many
cases, both in isolated situations and in populous districts where there is no margin of unoccupied sanitary
houses, new accommodation must be provided to meet the newly arising need. On this subject the words
of the District Clerk of the Middle Ward of Lanarkshire are worth quoting : —
This is a new industry coming to the district, with the full knowledge that there are no houses
available for the workmen. They (i.e. the promoters) must, as a conmiercial venture, reckon what it
is to cost the concern to have the workers brought there, or they must be prepared to make adequate
provision themselves.
He added that it would not be reasonable for an employer to " start his works and then say, ' We
' request the Local Authority to provide houses.' " (Whyte, 37,109 f.)
999. Thus in most cases of this kind it seems clear that the responsibility for the provision of houses
must lie with the employer. If there is a limitation in the mineral lease to thirty-one years or some
similar figure, the portion of the rents set aside for depreciation must be sufficient to wipe out the cost
in that period. But if the difficulty springs from a real uncertainty as to the success of the mine, it is
more difficult to indicate a remedy. It was suggested by Mr Walker Smith of the Local Government
Board that in such cases temporary housing might be provided by means of sectional buildings. (4213,
(78) ). This plan wa.s criticised on the ground that such wood and iron buildings, if they are satisfactorily
constructed at all, are themselves somewhat costly, and that when they go wrong they do so very quickly.
(Glaister, 23,494 ; Forgie, 26,117.) But though they may not last as long as brick and slate, they may
serve a temporary need at two or three different places ; and at all events they can more easily be moved
from place to place, if, as in the Lanarkshire case already referred to, it is necessary to take down a number
of houses, transport them some miles, and re-erect them. Our inspection of the " Hut village " at
Rosyth makes us incline to the view that the principle of transferable housing, there applied on a large
scale by Messrs Easton Gibb & Co., may be commended to the attention of mine-owners entering
on a new and uncertain development. But the plan and occupancy of such houses should be fully con-
trolled by the Local Authority — (we refer to our recommendations in regard to the Housing of Navvies,
Chapter XVII.), — ^and some undertaking should be entered into that, if the mine proves profitable, per-
manent houses will be erected within a definite, and not too great, number of years.
1000. We recommend that imtil it is proved in the case of a new mine that it is carried on at a profit
and likely to be permanent, or at all events that it will have many years of fife, the Local Authority should
have power — -where permanent houses are not otherwise available — to allow the mine-owner to erect
temporary housing, which would probably take the form of huts constnicted of woad and iron. These
would, of course, be adequately ventilated and placed on carefully chosen sites approved by the Local
Authority. They might be registered to accommodate a given number of adults and children, regard
being had to the proper separation of the sexes.
1001. If such a system for the control of construction and use of temporary houses were adopted
at the outset, it would be possible to place a time limit, say of ten years, on the use of these buildings as
dwellings for families. Before this period had elapsed it would be possible to judge if the mine was likely
to be permanent, and, if so, the duty would then lie on the Local Authority to see that permanent housing
was provided — either by the mine-owner or, failing his doing so, then by the Local Authorities themselves,
subject to a power of special assessment on the mine-owner. This we shall further discuss in our Genei-al
Policy and Recommendations.
(45) Occupying Ownership among Miners — ^Leadhills and Larkhall,
1002. In the West of Scotland the building of houses by miners for their own occupation has been,
in the main, confined to two districts. In the Middle Ward of Lanarkshire, out of 574 houses owned
by miners, 299, or more than half, are in the parish of Dalserf, which includes Larkhall. (Dr Wilson's
Report, p. 100.) The other district comprises Leadhills,. and the adjoining village of Wanlockhead,
in Dumfriesshire, which together form a very interesting community. They are the two highest villages
152 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
in Scotland, and they are inhabited by workers in the lead mines of a race long accustomed to this employ-
ment. They have also, like the crofters of the Western Highlands, been accustomed to a large extent
to build their own houses ; and in many cases they are sufficiently skilled in construction in concrete
to erect dwellings capable of withstanding the weather at an altitude of about 1300 feet. The houses
are small, and for the most part lacking in modem conveniences, but they are scrupulously well kept.
The Leadhills houses are held from the Marquis of Linlithgow on a somewhat vmusual tenure. These
villages give an interesting example of what can be done in the provision of houses by an independent
commimity, even though wages have commonly been low (from about 208. to 258.) ; but space does not
allow us to enter into full details, as the lead-miners form a type by themselves, working under conditions
very different from those obtaining in the great coalfields. (See full details in the evidence of Mr .John
Cameron, chairman of the Leadhills Miners' Association, 13,900-13,992 ; also regarding Leadhills (where
155 miners out of 201 owned their own houses in 1909) ; .see Dr Wilson's Report, pp. 63-69 ; and for
Wanlockhead, Maxwell Ross, 13,743 (12), 13,769 f.)
1003. At Larkhall, an old weaving community, now chiefly engaged in mining, the building-society
movement goes back for a little over 100 years, as the pioneer Society was founded in 1815, a quarter of a
century before that already referred to at Shotts. Unlike Falkirk, Dumbarton, and other towns, where
the building-society movement has flourished, Larkhall, instead of one large society, has had a succession
of at least sixteen smaller societies, by which the best houses in the town have been erected. The pro-
cedure followed has been very similar in all. A number of miners or others desirous of obtaining houses
have formed a Society, and paid regular contributions imtil enough money was in hand to start the
erection of the first group of houses, the occupancy of which was determined by ballot. It was then pos-
sible to borrow on the houses erected sufficient sums to enable the scheme to be completed. The pro-
cedure was so expeditious and the building so economical that one Society, starting with eighteen members
in 1898, in a little over two yeai-s had provided eighteen houses at an. average cost, including fencing
and road-making, of £105 per hoiise. It was expected that the debt would be entirely cleared off in about
nineteen years. The rents were £6 for the first four years, and £5 thereafter. There was also a contri-
bution to sinking fimd, making (with the rent) a total of £10, 4s. per aimum. (Dr Wilson's Report,
pp. 39 ff.)
1004. In regard to the finance of these societies, it is interesting to note that the money has all been
found locally ; and in some cases a single lender has financed a society. The highest rate charged
has been 4 per cent., but money has been usually obtained at 3| per cent. The Inspector of Poor stated
only a month before the outbreak of war that no difficulty was found in obtaining capital — " We have
' quite a number of men who will give us money at 3i or 3| per cent." This indicates the confidence
felt locally in the stability of these societies, and the regularity with which instalments are paid ; and
the business capacity of their members is shown by the fact that they save expense by doing much of
their own legal work. (Nicol, 38,745 ff. ; cf. Dr Wilson's Report, p. 43.) The care and economy with
which these societies have done their work is shown also by the figures for cost of construction just
given. Even in view of the fact that the houses were built just before the sharp rise of prices of the last
twelve or fifteen years, £105 is a remarkably low figure for the inclusive cost of a stone-built and slated
house with two large rooms, a coal cellar, sink and water-closet, and a garden.
1005. In these houses the rooms are of a good size — about 18 feet by 16 feet in the houses built about
1860 (the intention here having originally been to use the " room " as a weaver's shop), and somewhat
smaller in the case of the Society which started in 1898. Till recently, no attempt has been made to modify
the usual miniijig custom of keeping two beds in the kitchen, but in the three- and four-room houses,
which represent the best result of the Building Societies' work, this has become needless. Of the forty
four-apartment houses recently built, twelve are semi-detached cottages of good design, the rest being
built in terraces ; but in both types the parlour has a large bow window, and all these houses are provided
with baths.
1006. We visited examples both of the older and newer "building-society houses," and found
ample evidence of " house-pride " ; and the contrast in one case between the care taken of two-apartment
houses of this type by their owners, and the state of one-apartment rented houses in the immediate neigh-
bourhood was very striking. The strong expression of opinion by the Inspector of Poor was fully borne
out that —
comparing the condition of the workers dwelling in their houses with those in the (ordinary)
miners' rows, the standard of comfort, cleanliness, and frugality are vastly improved, and a higher
moral tone pervades the lives of the families.
There was also strong evidence of the interest taken in the gardens and the profit derived from them,
(Dr Wilson's Report, pp. 40, 43 ; R. Nicol, 38,748 ff.) As regards other districts in Lanarkshire,
Mr Forgie, Director of Wm. Baird & Co., said : —
Only to a very small extent do miners own their own houses. A few of our provident workmen
who have had good health and constant employment have, with the aid of the Building Societies,
become owners of their own houses.
He gave particulars of seven employees of his firm at Bothwell who owned houses containing from
three to eight apartments, in every case with- water-closet and bath with hot and cold water.
(25,840 (28).)
(46) Occupying Ownership among Miners^other Districts.
1007. Of other coalfields, a portion of East Fife is the district in which this arrangement is most
usual ; but the manager of the Wemyss Coal Company stated that he would only estimate the number
of miners owning their own houses at 3 per cent. Those who do so usually build a small block of houses.
of two .and three rooms alternately, occupying one themselves, and letting the other or others. Accord-
ing to this witness these houses are of about the same class as the Company's houses, and are not pro-
vided with baths. (Kirkby, 7255 f.) But the mines' -agent of the Fife Coal Company in East Fife
spoke of the miners as building a superior type of house —
REPORT. 153
these generally take the shape of a four-roomed cottage, with bathroom and water-closet com-
bined, and have a garden attached. (Hendrie, 7413 (9).)
It is worthy of note that the relative frequency of house-owning by the miners in East Fife is associated
with a widespread interest in gardening ; and that, especially in the village of Windygates, sites have
been chosen in the centre of a large mining district, from which varioiis pits are accessible by cycle, and
so the miner is not tied by the possession of his house to employment in any one mine.
1008. Among the miners' representatives there seems to be some variety of opinion as to the extent
to which this policy should be encouraged. The miners' agent for West Lothian said that he thought
that the number of miners owning their own houses in that district was under 5 per cent., and added
that the miner's calling is such that he cannot, even if he had saved sufficient money to build, take the
risk of doing so. He has to change his work often. (Doonan, 18,596 (23).) The general secretary
of the Shale Miners' Association, dealing with the same district, argued that the burden of repayment
of the cost of the house at the rate charged by the Building Societies was found to be too great, and that
in consequence the purchaser was sometimes glad to escape from his obligation even at a sacrifice. He
indicated, however, that if money could be more cheaply obtained from Government his opinion might
be modified. (Hood and Small, 27.385 (42), 27,456 fE.) The representatives of the Lanarkshire Miners'
Union also argued in favour of the latter proposal, stating that the percentage charged by Building
Societies, and the heavy legal fees, formed a barrier to their extension. While declining to commit
themselves to any definite figures, they expressed their belief that —
there is a desire on the part of a good number of people to build their own houses. If the miners
were to get the offer of money on the conditions stated, they would readily take it up. (Cowie,
26,606, 625 ; M'Roberts, 26,626.)
1009. On the whole the experience of the few mining districts where the principle of occupying
ownership has taken root suggests that, in view of the good wages commonly earned by miners, it is capable
of being adopted more widely. (Sir T. Munro, 27,612 ; Cadell, 34,440.) But we doubt whether it will
ever be widely popular amongst the mining or any other working-class community which, generally speak-
ing, looking to its occupational conditions, is subject to change, or the risk of change, of residence from
one district to another.
(47) Summary of Stjbjects on which Recommendations are made in later Chapters.
1010. Before dealing with the special question of damage caused to the surface by subsidence from
mineral workings, we wish briefly to indicate how and where we propose in this Report to deal with the
questions in regard to the housing of miners which arise out of the discussion and description in this
chapter.
1011. There are, as will be gathered from this Report on the housing conditions in mining areas,
many matters in respect of which improvement is urgently called for. Most of these, however, are not
peculiar to mining communities, but obtain generally in housing conditions through Scotland — though
perhaps not always in the same acute degree. Accordingly, we propose to deal with these matters in
detail in the portion of this Report where we set out our policy and recommendations, and meantime
we content ourselves with enumerating the subjects that we will discuss later, and upon which we will
give definite reconomendations. These subjects are : —
(1) The responsibility for providing houses in mining areas.
(2) The maintenance of houses and the control of subletting.
(3) The conditions on which defective houses will be allowed to continue to be occupied in cases
where the " life " of the mine is, or is alleged to be, very limited.
(4) Increased control over the plaiming of new villages, including approval of sites of houses, lay-out
of streets, number of houses per acre, provision of garden and recreation ground, etc.
(5) Provision of proper water and drainage schemes, and introduction of water into houses.
(6) Provision of suitable and adequate sanitary conveniences and of baths, sculleries, coal-stores, etc.
(7) Increased powers to obviate difficulties associated with the adoption by landward Tjocal Authorities
of the Burghs Gas Supply (Scotland) Act, 1876,
(48) Damage caused by Subsidence.
1012. The hardship caused by damage to house-property through subsidence due to mineral workings
was prominently brought forward by various witnesses both from Fifeshire and Lanarkshire. The
emphasis laid on it seemed indeed somewhat out of proportion to the areas actually affected, but where
damage on a considerable scale has occurred it is felt as, and in our opinion is, a very definite grievance
that the house-owner has to bear the whole loss. The feu-charters in use in these districts expressly
exclude any claim for compensation on account of mineral workings altering the level or affecting the
stability of the sife.
1013. In both the counties named we were able to verify by observation the accounts given of the
process by which properties are damaged and in a few extreme cases destroyed. The first sign of loss
of stability in the site is the appearance of cracks in sills and lintels. These may be followed by cracks
nmning up the whole height of a wall ; and by this time floors become uneven and difficult to clean,
shelving gets warped or broken, doors refuse to open and shut ceilings bulge and crack, and falls of plaster
become frequent. In some cases partition walls may begin to part from the main walls.
1014. Mr Paul, manager of the Lochgelly Coal and Iron Company, told us that at this stage the main
support of the building is the ceiling joists, which tend to hold the building together. With the passing
of the subsidence, the walls sometimes gradually resume their former perpendicular position, but as a
general rule some repairs or.irebuildingjiare necessary to make the house habitable. (Paul, 26.253 (20).)
One cause of very real hardship to occupiers is that house-owners, whether Colliery companies or
154 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
others, prefer to wait till the subsidence is over and the site has resumed its stability at a lower level
before executing repairs, as it is more economical and more effective to perform the repairs all at one
time — when the subsidence has ceased. Thus the tenant may have months to wait, with his rooms
draughty and every part of his dwelling cracked and uneven. In some cases emergency measures
must be taken to prevent accidents, though, owing to the gradual working of subsidence, there is much
less actual danger to occupiers than might have been anticipated. In one row of comparatively new
houses belonging to the Fife Coal Company (Adams Terrace, Kelty), some of the houses had been closed
at the time of our visit, but others were still occupied, though daylight was visible through the clacks
and the structure had to be shored up with stout timber posts placed in one or two instances insi&e the
rooms. It should be explained that the reason for this subsidence being so hurtful to the property was
the existence of a previously unknown old-fashioned " stoop and room " working of an upper seam near
the surface.
1015. It is obvious that the water and gas connections of houses so damaged must be seriously
interfered with ; and the danger to health through injury to drains and sewers is even more serious.
The Medical Officer of Health for Motherwell stated that—"
frequently the normal fall of drains and sewers is reversed in their whole length or in parts.
The sewage is left stagnant and only escapes by overflowing into the sewer lower down or on to the
street, whichever point is lowest. (R. P. Jack, 34,183 (13, c/. 44).)
The same reversal of flow has been known to occur at Thornton in Fife. (Dewar, 764 (38).) It
was also reported that fear of injury through subsidence had been one factor in hindering the formation
of a much-needed drainage district in Mid-Lanark. (Sullivan, 26,927.) The expenditure incurred by
the Corporation of Hamilton over a period of several years through damage of this character averaged
about £1000 per annum or 2d. on the rates. In this sum the largest item was loss through leakage of
gas, above the leakage normal in other towns, £686 per annum. (Dittmar, 603 ; Moffat, 27,195 (22 f.).)
The burgh has, however, in the past received a very large revenue from mineral royalties. (Ibid., 27,332, f .)
In November 1913 the Town Council of Motherwell expended £5] 3 on the repair of a main sewer damaged
through subsidence, and somewhat later found themselves confronted by an expenditure of about £1000
on repairs to sewage purification works which had cost £8000. (Burns, 41,087 (4-6).) These figures
do not include the expenditure of private individuals on repairs to pipes and drains damaged through
subsidence.
1016. As regards the expense and inconvenience to private individuals, the Provost of Hamilton
gave particulars of damage to eight properties, with a large number of tenants, portions of which had
to be taken down and rebuilt, and in six of which tenants had to be warned out. The expenditure
amounted in seven of the eight cases to more than one year's rental ; while in the case of two small pro-
perties, with rentals of £50, 10s. and £53, it reached the sums of £500 and £450 respectively. Mr Findlay,
ex-M.P. for North-East Lanark, mentioned sixteen houses which he had erected for his workers and
which had been wrecked be3^ond the possibility of repair ; but in this case compensation was given ex
f/ratm by one of the beneficiaries of the estate in question. (Moffat, 27,328 ; Findlay, 32,916 (2).)
1017. The structural damage caused in Motherwell was estimated as £20,000 in twenty years, or
an average of £1000 per annum, not including minor repairs to plaster, gas-pipes, etc., or the loss of rents
during the period of repair : but this estimate was criticised as being below the mark. (J. K. Murray,
32,418 (8), 32,527 ; W. Wilson, 32,950.)
1018. Other indirect difficulties may also result from the sense of uncertainty caused by the fre-
quency or fears of subsidence. Our attention was called to the impossibility, owing to such fears, of
obtaining new loans over house property in the towns specially affected. (J. K. Murray, 32,418 (6, 11) ;
W. Wilson, 32,940.) On the other hand, Mr Fraser (the Dalzell estate factor), while admitting that
it was impossible to secure loans for house-building, attributed the responsibility for this state of matters
to the public " agitation " for securing compensation as a right. (Fraser, 31,244.) It was also said that
the congestion of certain parts of the biugh of Hamilton, which contain from 70 to 144 houses per acre,
in spite of the fact that there is considerable free space in other parts, " must to a certain extent be
' attributed to the difficulty of securing stable sites." (Moffat, 27,195 (9, 10, 16).)
(49) Suggestions begarding Subsidence.
1019. Suggestions for a remedy fall under two heads : — ^Prevention; and Compensation for damage
caused.
1020. Prevention. — It was suggested by more than one witness that the damage which we have
described is in some cases due to the unsuitable design or defective construction of houses, and that if
attention was paid to the proper drainage of sites and provision of substantial foimdations it might be
much reduced. (Kirkby, 7286.) This witness recommended the construction of single-storey houses
with strong concrete foundations in groups of three or four. The houses previously referred to in Adams
Terrace, Kelty, had two storeys, and the architect of the Fife Coal Company attributed the severity
of the damage largely to this. (D. W. Robertson, 6718 (8) ; G. Fraser, 31,262.) The restriction of
houses to a single storey and the avoidance of long continuous rows is possible and desirable in some
districts, but, so far as the practicability of building single-storey houses is concerned, hardly affords
a solution for the congested urban areas of Mid-Lanark. At the same time, this is an additional reason
why new developments in mining districts should be on " Garden City " Unes ; and with modern improve-
ments of transit, it may become possible to remove many of the houses from the actua,l mining area.
Another form of prevention consists in the working of the coal in such a way as to avoid a sudden or
irregular lowering of the surface ; but this is a highly technical question regarding which we can do no
more than call attention to its obvious importance. (G. Fraser, 31,305, f. ; Findlay, 32,969 ; Bums,
41,100 ; Ross Young, 43,385.)
1021. There is, indeed a third possibility— that the main seams of coal under dwelling-houses or
public buildings or works should be left unworked in order to support the surface; but no witness seriously
REPORT. 165
suggested this coui'se. The value of the minerals required to support a given area of surface represents
many times the capital value of the surface for ordinary building purposes ; and, in addition to the
capital value, there is even the more important question of the general industrial prosperity of the district
and of the wages which are paid when the coal is being extracted. In certain cases where public buildings
or other edifices of special consequence are involved support has been left, but when such blocks of coal
are left, the damage, if subsidence should occur, to the surrounding property is much greater.
1022. In other areas, where the feu-charter provides for compensation being paid for disturbance
and damage, only about one-third has been extracted, large pillars, about two-thirds, being left to support
the surface. One such case is that of a colliery, now closed, which, for thirty-j&ve years, extracted coal
under the burgh of Hamilton. The closing of the colliery has resulted in a considerable loss of revenue
to the town and of employment to workmen in the district. (Moffat, 27,195 (28-31) ; G. Fraser, 31.115
(51).) Thus there was general agreement that the coal must be taken out, the only questions being how
to do so with least chance of damage, and in the event of damage by whom it should be made good. (.1.
Robei-tson, 17,654, ff. ; W. Wilson, 32,918 (31).)
1023. One method was brought to our notice by which the stability of the surface can be secured,
and which has been largely practised in the North of France and in Westphalia. It is that of " hydraulic
' stowage," by which the place of the coal removed is taken by sand or fine gravel introduced imder high
pressure, which rapidly sohdifies. In one mine near Bothwell on the Dalzell estate, where there was the ,
danger of an inrush of water from the river Clyde, this operation has been successfully earned out. This
also is a technical matter on which we cannot afford to pronounce, further than to state that its adoption
in favourable circumstances (i.e. where water and suitable stowage material are readily obtainable)
was strongly recommended by one or two competent witnesses ; but that the majority of tliose who
dealt with the matter gave their opinion that under Scots conditions the expense would be greater than
that of providing compensation for surface damage. (Keith, 15,221, ff. ; Moffat, 27,195 (32 ff.), 27,345
fi. ; cf. W. Stevenson, 26,218 f. ; G-. Fraser, 31,276 ; A. Wilson, 40,988 ft'.) This expense would, we
understand, amoimt to about Is. 6d. per ton, or more than an average colliery profit.*
1024. Compensation for Damage through Subsidence. — While we wish to emphasise the importance of
taking all suitable measures for reducing injury to buildings through subsidence, it appears that there
will still remain a number of cases in which damage is likely to be caused ; and here the state of the
law is of importance. In certain of the older feus, compensation was, as a matter of fact, given for loss
through mineral damage, and this is apparently still the case in certain estates in Lanarkshire where
damage has not been frequent. (Alston, 34,167a (26); cf. Lee, 17,830.) But in the majority of
cases in Mid-Lanark, and also in Fifeshire, in which land has been given off for building or other purposes
of recent years, a stringent clause is introduced into the feu-charter exempting the superior from all
liability in this connection. The land acquired by Local Authorities for drainage and other schemes
has been acquired on these terms. It was represented to us that this form of charter contracts the
superior out of his liability at common law to provide a stable surface for building where he exacts a rent
or feu-duty for the land ; but whatever may be said as to the equity or inequity of this, the clauses in
question have been upheld in the Courts, nor is their legal validity now challenged. (W. Wilson, 32,918
(giving examples of the contracting-out clause) ; Whyte, 36,834 (102-6).) It was authoritatively
decided by the House of Lords in the case of Buchanan v. Andrew, 10th March 1872, 11 M. (H.L.), p. 13,
that as the contracts were volimtarily entered into, they must receive effect according to their terms,
however great the hardship might be.
1025. Three arguments were advanced in defence of the present arrangement. (1) Following the
line of the House of Lords judgment just quoted, it was stated to us that feuars enter into the contract
with full information as to its nature and bearing, and consequently there is no case for legislative inter-
ference. To this it was rephed with much cogency that the freedom of contract enjoyed by the feuar
is more apparent than real, since houses must'be found within reasonable distance of the mines or steel-
works which provide employment. Where all estates disclaim responsibility for damage through sub-
sidence there is no effective choice, and the whole risk falls upon the proprietor of the dwellings. (These
opposite views are represented by Macpherson, 268 f. ; G. Fraser, 31,265. on the one side; and on the
other, Dittmar, 601 ; J. Robert-son, 17,657 ; Murray, 32,454 f. ; W. Wilson, 32,918 (33).)
1026. (2) It was represented by the factor on the Dalzell estate, Motherwell (one of the chief estates
concerned), that the risk had been discounted when the feu-duty was fixed. On this estate the feu-duties
vary from £10 per acre for buildings for religious purposes and public works to £20 to £24 per acre for
dwelling-houses, but the latter figure includes the cost of making feuing roads for opening up the estate
for feuing purposes and providing the land for roads ; and it was contended that the fact that certain
portions of ground had been sub-feued at an increased rate showed that the feu-duty was reasonable.
On other estates the terms regarding road-making and development are not so generous. (G. Fraser,
31,115 (41 ff.), 31,300 ; A. Wilson, 40,966 ft'.) But even on the assumption — which we think has not
been proved — that feus in Motherwell and Hamilton are lower than burghs of similar character elsewhere,
this would not meet the case of the individual feuar or tenant, as the damage caused by subsidence is
very capricious and imequal.
1027. It was suggested that his case would be met by a system of mutual insurance equalising the
risk, but so far no such scheme has proved practicable. One was indeed initiated by the Dalzell estate
in the year 1907, but did not come into action, the reasons being variously given as — that a majority
of the feuars thought it unnecessary, and that the proposed initial premium was too high and would have
constituted a considerable burden. (G. Fraser, Appendix CLIV. (3) ; W. Wilson, 32,918 (34).) The
suggested premium at the commencement was 10s. per cent, on the rental capitalised at fifteen years'
purchase, or 7^ per cent, on the annual value. This would eventually find its way into the rent of the
property and with the increased rates and taxes on the higher rental would, we think, prove a serious
burden to working-class occupiers— especially the poorer paid workers. But the fundamental objection
* The Town Council of the burgh of Hamilton, after considering a special report obtained by them from mining
engineers in regard to the adoption of the hydraulic stowage system in the coUierie-s at Hamilton, resolved not to pro<^epd
with such work on the ground that the expense involved would render the working of the minerals unprofitable.
156 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
from the feuar's or tenant's point of view to a system of mutual insurance, is that it would result in making
them pay as a class for the damage caused by subsidence to individual properties — damage for which,
in their view, the superior should be made statutorily liable.
1028. (3) The third argument in defence of the present system is that full information regarding
the thickness and depths of seams and plans for working them is commonly placed at the disposal of
feuars before the contract is completed ; and the factor on the Dalzell estate said that, if he had any
doubt as to the stability of a site, he was increasingly careful not to feu it. (W. Stevenson, 26,216,
26,222-4 ; G. Fraser, 31,115 (40), 31,254.) But while this information is no doubt given in perfectly
good faith, both on the part of colliery managers and estate authorities, there is some occasion to
question its permanent accuracy. For plans for securing minerals may be extended, and the working
programme of a mine may change, while the worst damage is often caused at some distance from the
actual working or along the margin between different workings — all of which factors may reduce the value
of the information given. Nor can it be claimed that the colliery managers can themselves predict
with certainty the areas of subsidence ; for if they could do so accurately they would not themselves
build new houses to be wrecked in a few years, as at Kelty. (Weir, 32,420 ; Murray, 32,450, 32,531 ;
Findlay, 32,921.) Referring to Kelty, the architect of the Fife Coal Company says, " It is usual to select
' sites for the workers' houses where damage is likely to be least, but it is impossible to completely obviate
• ' the trouble. The conditions in this instance were not known when the site was fixed upon." (D. W.
Robertson, 6718 (8), 6812.) For these reasons it appears to us that the protection given to intending
feuars in the form of information, in many cases verbal only, as to the prospective removal of under-
l3ang minerals is seriously inadequate.
1029. The recognition of a strong moral and equitable claim to compensation is not a new thing.
One case has already been mentioned in which a lady, the beneficiary of a trust concerned, gave liberal
compensation for damage caused. On a leading estate in Lanarkshire compensation was formerly
given ex gratia in serious cases, but the attitude of the estate changed when efforts were made by the
feuars to secure support for a Bill in Parliament giving them right to compensation. (Weir, 32,560 ff. ;
Findlay, 32,916 (2), 32,931 ; W. Wilson, 32,993 ff. ; Fraser, Appendix CLIV.) Generally this state of
matters discriminates unfairly between different feuars or lessees, nor is it a satisfactory arrangement
that the majority should be denied what a minority receive at the option of the superior.
1030. The force of these arguments was recognised by the Select Committee on Feus and Building
Leases, which reported in 1894, summing up their view as follows : —
A majority of the Committee think that there is gi'ound for the legislature interfering to rein-
state or reserve this common-law claim to damages, both in the case of past and future feu grants,
though not for requiring that support should be left for the surface and the buildings upon it, and
thus in effect prohibiting the working out of the minerals. A minority dissent from this view, in so
far as it relates to feu grants already existing, but think that it might properly receive effect as
regards future feu grants. (Parliamentary Paper 288, 1894. The Committee included the late
Lords Kinross and Pearson and the present Lord Shaw.)
The majority of this Committee thus endorsed the principle of the One-Clause Bill which has been
frequently brought forward, but has never received facilities in the House of Commons, providing that
the " contracting-out " clause in feu-charters with respect to damage through subsidence due to the
working of minerals should be null and void. (Findlay, 32,928 ; W. Wilson, 32,980.)
1031. There remains, however, certain important points in the application of this principle, which
we shall indicate.
1032. There is, first, the question of the. extent of compensation. The factor of the Dalzell estate
near Motherwell stated that —
in every instance where a house or any part thereof is rendered uninhabitable it would be
equitable to bind the mineral tenants to restore such abnormal damage. (Fraser, 31,115 (63) ;
cf. 31,265.)
But, against this limited application of the principle, it was argued with much reason that it is
not these " abnormal " cases in which a property is rendered definitely uninhabitable which occasion
the most frequent hardship, but cases in which the damage falls short of this but yet necessitates a
heavy, and not infrequently a recurrent, expenditure to make good. (W. Wilson, 32,989.) On the other
hand it seems needful, while admitting the claim of such cases, to give security against claims being run
up to an exaggerated and fanciful figure. The Town Clerk of Motherwell (Mr Bums) stated that he
himself had repaired damage to his own house (" simply . . . putting plaster and paper on the walls ")
at a cost of about £10 twenty years before, but that in an ordinary arbitration he " could have got a
couple of hundred pounds out of somebody." Mr Bums's estimate of what he might have got by arbitra-
tion seems too optimistic even for a compensation claim, but the idea underlying the cheerfulness of
his figures serves to illustrate the danger — amounting practically to a certainty— of exaggerated com-
pensation being given under the ordinary process of arbitration relative to claims connected with land
or heritable property. (Bums, 41,107 ff. ; cf. 41,087 (2).) Mr Fraser stated that damage to the Town
Hall, Motherwell, estimated at first at £3500, had eventually been repaired for £33. (31,256.) It is
only fair to say that when £3500 was mentioned, it was feared that practically the whole building
would collapse. This fear happily turned out to be unfounded, because, as a result of the outcry, or
of the appearance of the building and the seeming imminence of the fall of the tower of the hall, the superior
and lessee of the mine left in sufficient mineral to avoid wrecking the hall. (Burns, 41,141, 41,142.)
Again, Mr Fraser stated emphatically that his fear, from the point of view of the superior, was not so
much that of the actual amoimt of compensation, as the protracted arbitration proceedings and legal
expenses which would be involved. (G. Fraser, 31,255.) But this appears rather to be an argument
for granting redress limited to proved and necessary expenditure in making good damage, and simplify-
ing the machinery by which it is assessed, than for refusing it altogether in cases where the building
is not actually destroyed. If an arbiter were appointed officially who was competent both to assess
REPORT. 157
the amount of damage and to determine its cause, the procedure need not be either lengthy or expensive.
(W. Wilson, 32,991 fE. ; A. Wilson, 41,057 f.)
1033. We are in agreement with the unanimous finding of the Select Committee on Feus and Build-
ing Leases (Scotland), already quoted, to the effect' that there is ground for the legislature interfering
to reinstate or reserve the common-law claim to damages. We think on grounds of public policy, and
particularly in the interests of good housing of the working people, " contracting-out " by the superior
of the surface of his common-law liability for damage by subsidence owing to mineral workings should
be disallowed. We also agree with the majority of the Select Committee that the common-law claim
to damages should be reinstated in the case of existing feu grants, subject, however, to' the proviso that
compensation should not be payable in respect of past damage, but only in respect of damage that takes
place after the passing of the Act giving effect to the views of the Select Committee. In our view the
feuar or lessee — being the proprietor of the buildings (or other works) — should be entitled — subject
to the proviso aftermentioned in regard to subsidence caused by damage owing to working under a
mineral lease existing at the time the Act of Parliament is passed — ^to compensation, limited and assessed,
as above explained, from the superior of the surface from whom he (the feuar or lessee) has obtained
his title. Where the superior of the surface is also the superior of the minerals the matter would end there,
for, as will presently be seen, we consider that the superior of the minerals should be the person ultimately
responsible for payment of the damage. But in our view, where there are two superiors, viz. (a) of
the surface, and (6) of the minerals, the superior of the surface should be entitled to relief for any com-
pensation for which he is foimd liable against the superior of the minerals. True, in future contracts
the superior of the minerals may be able to transfer the burden or a portion of it to the mine-owner,
and the mine-owner may be able to pass it on to the consumer. Even if that be so, we think that the
coal industry and those interested in it, including the consumer, may be left to adjust the burden for
subsidence damage as they may find themselves able to. Our point is that individual owners of pro-
perty on the surface should not be left,' as they are left at present, to bear the burden of the damage
caused to their properties by subsidence from the working of minerals, the income from and the con-
sumption of which benefits various other persons.
1034. We, of course, have in view that damage may be caused to buildings after the Act of Parlia-
ment which we have recommended is passed, but under mineral leases entered into prior to the date of
the Act of Parliament. Even so, we think the owners of property on the surface should have com-
pensation, but it becomes a matter for consideration in what equitable manner in such cases should
the compensation be allocated over the different parties interested. From the public and administrative
point of view, as we have indicated, it is essential that damage to house property should be made good,
and it is not in the pubhc interests that the operation of the law in favour of giving repairing damage
should be postponed until all the existing mineral leases have run out, which really would postpone
the beneficial operation of the new Act of Parliament for an indefinite number of years — ^at least, in
many cases. Our recommendation is that the damage caused by subsidence from working imder mineral
leases existing at the time the proposed Act of Parhament is passed should — on the principle of dividing
the cost amongst the different parties interested in an equitable manner — ^be borne as follows : — -When
the superior of the surface is different from the superior of the minerals, each superior should bear
one-third of the damage limited and assessed in the manner above explained, and the remaining
one-third should be borne by the feuar himself. In the case of the superior of the surface and the
superior of the minerals being the same individual, he should bear — in respect of his double interest
(a) in the surface, and (6) in the minerals — two-thirds of the damage as before, and the remaining
one-third should be borne by the feuar.
1035. Several witnesses before us urged that some liability for compensation in the mine-owner's
case would have a salutary effect in promoting the working of the minerals in the way least likely to
damage the surface needlessly. The fact that on the Continent the responsibility of compensation
for damage lies with the mine-owner is said to have had much to do with the introduction of " hydrauhc
' stowage " to protect the surface. (Keith, 1525 ; Moffat, 27,311 ; G. Eraser, 31,314 ;. Burns, 41,087
(3) ; cf. R. P. Jack, 34,212.) Whether that be correct or not, our recommendation that the superior
of the mineral royalty should be hable for subsidence damage will no doubt result in a careful bargain
with the mine-owner as to how he shall work the minerals so as to obviate, so far as possible, the risk
of such damage.
1036. We think there should be an obligation upon the superior of the surface where he is different
from the superior of the minerals to obtain from the superior of the minerals a plan showing the worJdng
of the mineral field, both as already worked and how it is proposed to be worked in future, and there
should be a counter obligation on the part of the superior of the minerals to furnish this plan. The
superior of the surface should be bound to exhibit this plan to proposing feuars. He should also be
bound to exhibit his feuing plan to the superior of the minerals. In this way there would be a guarantee
that the feuing of the surface would have a direct relation to the working of the mineral field under-
neath. There would thus be some safeguard against the superior of the surface or proposing feuars
giving or taking ground for building purposes where there was imminent or probable danger of subsidence.
1037. There is only one further matter which it is probably right to discuss in this connection. Tliere
may be cases — ^they have occurred already at Bathgate and elsewhere — of damage through some move-
ment in old and disused workings or of damage which cannot be clearly attributed to a single working
in the immediate neighbourhood of the feu. (A. L. Reid, 3397 f. ; Alston, 34,167a (17) ; cf. Kirkby,
7320.) In these cases difficulty might arise in the superior of the surface operating his relief against
the superior of the minerals. We are of opinion that in these cases the arbiter should be entitled to
make inquiry and to decide in the first case whether the movement in the old and disused workings
was caused by the working of adjacent minerals, and, if so, which adjacent minerals ; and in the second
case what mineral workings were really responsible for the damage caused by subsidence. The arbiter
would thereafter be entitled to fix the responsibility. In the event of his finding that the working of
adjacent minerals had not caused the movement in the old and disused workings, the surface superior
would have no right of relief against anyone.
158 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1038. We liave clearly in view that our recommeiidationa will apply to houses which may be owned
by tlie colliery company who are working the minerals equally with houses owned by anyone else. We
think this is only equitable.
■
Summary of Recommendations and Suggestions in Chapter XIV.
(1) That where the owner or owners of a private road put it in order to the satisfaction of the Local
Authority, the latter should be under obligation to take it over and maintain it as a highway ; provided
that any dispute as to whether a road is or is not private, or whether it has been put into a proper state
of repair, should be referred to the Local Government Board for decision. (Paragraph 895.)
(2) That landward Local Authorities of themselves should be empowered to form special sca,venging
and lighting districts without having to obtain any prior requisition from either a Parish Council or from
ratepayers. (Paragraph 901.)
(3) That in the case of smaller mining villages the Local Authority should have power to call upon the
owners to make arrangements for cleansing to the satisfaction of the Local Authority. (Paragraph 901 .)
(4) That Local Authorities should have power to require the provision of suitable washing accommo-
dation in hew houses and in existing houses where facilities permit. (Paragraph 913.)
(5) That if a survey of the country's watersheds is undertaken by Government engineers, their remit
should include the question of drainage schemes as well as of water-supplies. (Paragraph 930.)
(6) That an impervious floor — wood or other — through the whole extent of the living-rooms should
be considered an essential condition of habitability, and that any house not so provided should be dealt
with as a nuisance. (Paragraph 955.)
(7) That a colhery owner should be entitled to a renewal of his lease on terms, failing agreement, to
be fixed by an arbiter. (Paragraph 995.)
(8) That colliery owners should obtain the land required as a site for houses imder a feu distinct
frorn the mineral lease, or alternatively that there should be a definite valuation of the houses at the
expiry of the mining lease. (Paragraph 996.)
(9) That in all cases where the superior is reletting the minerals to a new tenant, outgoing mine-owners
owning houses built imder leasehold tenure but not desirous of converting them into a feu should have
the houses taken over by the superior at a valuation on termination of the lease. (Paragraph 997.)
(10) That where the mine is, or is averred to be, nearing exhaustion, the statutory requirenlents
as regards housing should be exercised with power to the Local Authority, if need be, to require the
provision of temporary accommodation by the mine-owner, whom failing, the accommodation may be
provided by the Local Authority themselves, and the cost recovered from the mine-owner by special
assessment. (Paragraph 997.)
(11) That in the case of new mines, mine-owners may be permitted to provide temporary transferable
accommodation for a limited period, subject to the control of the Local Authority. (Paragraphs 999
and 1000.)
(12) That there is ground for the legislature interfering to reinstate or reserve the common-law claim
to damages for subsidence, subject to the reservations and provisos specified. (Paragraph 1033.)
(13) That the superior of the surface should be entitled to relief from the superior of the minerals
for any compensation for which he is found hable in respect of subsidence due to the working of minerals.
(Paragraph 1033.)
(14) That in mineral leases rurming at the time of the new legislation the compensation paid in respect
of subsidence (ocgarring subsequent to the legislation) should be borne as follows : — (a) where the superior
of the surface is different from the superior of the minerals, one-third by each superior and one-third by
the feuar ; and (b) where the superior of the surface and of the minerals is the same individual, two-thirds
by that superior and one-third by the feuar. (Paragraph 1034.)
(15) That where the superior of the surface is different from the superior of the minerals there should
be an obligation on the former to obtain from the latter — and on the latter to furnish — a plan showing
the mineral workings existing and proposed. (Paragraph 1036.)
(16) That the superior of the surface should be bound to exhibit the above plan to intending feuars
and his feuing plan to the superior of the minerals. (Paragraph 1036.)
(17) That the arbiter in assessing compensation should ascertain whether the damage is due to the
movement of disused workings, and whether the movement was caused by the working of adjacent
minerals, and should fix the responsibility accordingly. (Paragraph 1037.)
(18) That where subsidence is not clearly attributable to a single working, the arbiter should determine
what workings are responsible for the subsidence and award compensation accordingly. (Paragraph 1037. )
Notes of Conditions found by Commission at Visits referred to in Paragraph 924.
C'mmty of Fife. {Visited 2Uh April 1913.)
Coaltown, Wemyss. — Typical houses here have been built at a cost of £160 ; rent, 9s. 2d. a fortnight
(approximately £13 a year). Accommodation — ^three rooms ; two beds in main room : water-closet in
house ; coal storage. Several of those houses have been reconstnicted on the old foimdation. This
probably reduces the price. The usual rules of house construction — under-floor ventilation, etc. — have
been fidfiUed. In the same village a house twenty-five years old, with three rooms, was rented at 2s. 6d.
a week ; water-closet and scullery, in the house.
This village is interesting as showing, first, an older type of miners' houses ; second, a progressive
improvement in the standard of accommodation — ^the improvement being effected partly by construction,
partly by provision of entirely new houses.
In these rows there is a tendency to subdivide the houses. In one case, a room of a two-room house
was let at 2s. per week. A common rent for a two-room house is 4s. 3d. per week. Formerly, there
were gardens attached to these houses ; now discontinued. The feu-duty is £40 an acre. This is
commonly regarded as high. The area is well crowded with houses.
REPORT. 169
Methilhill. — Here, there is au older type of miners' house. A cue-room house can be had at Is. 4d.
a week. In this row of very poor cottages there is no washhouse. Some of the cottages are damp.
There is no water-closet for women. There is a filthy common trough-closet for men. The sanitary
conditions generally are very defective. The ashpits are cleaned out once a week. Most of these houses
are unfit either to be rebuilt or repaired.
Adams Terrace. — ^Here a whole street of recently built houses has been destroyed by subsidence.
Arrangements were in course of being made for repairs as soon as the subsidence settled. At the date
of our visit the subsidence had been in action for three months. It was supposed to be due to unknown
ancient worldngs.
Tawnhill (Dunfermline). — The features of this colliery village are the large numbers of defective houses
and the large amoimt of repairs. For many years the older houses of this village have been recognised
as unfit for habitation. Some of them have been repaired. But, to take several of those visited as
samples, the houses were not worth repairing, and are not very habitable even after repair. But, as in
some other places, the demand for houses in this locality has been such that the margin of occupation
has remained very low.
County of Lanark. (Visited 10th to lith March 1914.)
Roselmll Colliery Rows, Whifflet. — These rows consist of one- and two-room houses. In a one-room
house visited the rent was Is. 3d. per week. The room contained two beds. No scullery, no bath, no
water-closet within house. The closets outside were not used by women. The house was very clean.
Inmates, parents and three children.
This is a fair type of the one-room house. In some of these rows, seven or eight persons occupy a
single room.
The sanitary conveniences were in a state of revolting filth.
Calderbank Square. — In this old square there are four outside privy middens. The conditions of
filth were such as could not be described in decent language. So far as this and a large number of other
conveniences in this county are concerned, the Public Health Acts might as well not exist. At this
time of day, such conditions of filth are incapable of defence from any standpoint.
Thorneywood Rows. — Dirty combined ashpit and privy. The premises were grossly exposed. They
appear never to be cleaned. An old man is said to look after them ; but they are so constructed that
no.personal service can keep them in a state of cleanliness or decency. The gutters were broken in places.
There seems to be no idea of training the surface water either from the general area or from the floors
of the latrines. A one-room house in these rows costs Is. 8d. per week.
(Craighead Rows. — ^A house of two rooms— rent of 2s. 8d. per week. A beautiful infant of less
than one year old was having his morning bath in the kitchen. Even this small performance was a
severe test of the available space.
Merry's Rows. — In a one-room house there were six persons — two parents and four children, of whom
two were girls, one aged about 16, the other about 18. There was one baby. In order to make a wash-
house, one house has been sacrificed for every six tenants. Washing accommodation is thus very good.
Two water-closets provided for six tenants. In one house, two beds in kitchen, the mother was in bed
with an infant nine days old. The whole work of the gi'ossly overcrowded house was proceeding as
usual. This child was the twelfth of the family. The house-room was grossly inadequate ; but the
inadequacy was, to a certain extent, redeemed by the splendid vigour and vitality of the father, mother,
and children.
Holytown, Baird Square. — In Baird Square the houses have been partially reconstructed. T'he old
ashpits, with privies, have been abolished. There is now a water-closet for each house. Washing-houses
are provided. Genertd repairs have been carried out. The rents have been increased to cover the out-
lays on repair and reconstruction. A house formerly rented at 2s. lOd. per week is now raised tol4H.
The houses mainly consist of room and kitchen, with accessories. Comparatively, the houses are " mi-
proved," but this is only another way of saying that they have been taken from a state of primitive
and intolerable insanitation to a state of relatively good sanitation.
West Benhar JRows.— These rows have all been closed by the Sheriff at the instance of the Local
Authority. This case is a very important administrative precedent. The gi'ounds adduced by the Local
Authority for closure were want of repair, dampness, want of proper sanitary conveniences. On these
grounds the Sheriff granted the petition of the Local Authority. This decision constitutes an important
mterpretation of section 16 (1) of the Public Health (Scotland) Act, viz. : " And premises or part, thereof
' of such construction or in such a state as to be a nuisance or injurious or dangerous to health." What
has been done with these rows may, on the same grounds, be done with many other rows in the county.
But we were informed that, although the tenants at West Benhar Rows were then under notice to quit,
they would probably be left in the houses for some time longer, because there were no other houses
available for them. Meanwhile the Local Authority were promoting building schemes with the object
of providing houses in the near neighbourhood.
County of Ayr. (Visited llth and ISth March 1914.)
Drongan Rows (Old Taig £Mrw).^-Here there was only one set of closets for fifteen houses, fiut
these houses^were all being dealt with by the Local Authority. The water-supply was good. In one
house visited there was no lath and plaster ; the floor was laid with tiles. In another house the floor
was damp and the walls very damp. No washhouses. In a one-room house there were two beds. The
coals were kept under the bed. There were five inmates. Rent Is. 5d. per week. Under the bed there
were no tiles, but simply the damp earth.
At another part of these rows there was the same primitive type of closet, badly constructed and
filthy. There is one closet for six houses. In one of the houses in this area the " room " of a two-room
house was very damp. One house was so dark that lamplight was necessary for half the day. In another
house the floor was very damp, but the house itself was very prettily kept. In yet another house the
bedroom was very damp. The paper came off the wall in masses.
160 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Connel Park. — Here, outside lilthy privy-middens, the same as elsewhere. In one case two such
structures serve twenty-three houses. Practically, these structures are not capable of being properly
cleansed, and, in the great mass of cases visited, were foimd to be infa state of gross nuisance.
Mosshlown.—T\ii& is a more recently-built village. The ashpit is of the new pattern, in which pit
and closet are separated. This certainly is an improvement on the usual structirre. A two-room house
is let at 2s. 6d. per week (including rates). The kitchen is a large room. There is one water-closet for
three houses. The ashpits were found fairly clean.
New Row. — Here there was a good pavement in front of the houses. One washhouse for six tenants.
There were also small gardens, which were well kept. Some of the rows are built in blocks of six houses,
well disposed. These houses form a somewhat favourable specimen of the type ; but it would have been
much better if the houses had been provided with scullery, water, and water-closets inside. Some of the
new houses of two rooms and kitchen are provided with water in the house. Rent 5s. a week.
Common Loch Row. — Here there was an attempted septic tank system ; but at the time of visit
the tank was flooded by stream water. There are about ninety-six houses, with a population of over 500.
In several of the houses there were many signs of dampness. In one of these houses, rented at Is. 7d.
per week, the woman of the house stated that they could not afford to pay 5s. except where there is a
worker or two. The walls were very damp. New windows were to be put in. The woman complained
also of the want of room for work. " In the afternoon," she said, " the whole kitchen is in an uproar,
and it is night afore you get it right again." Another woman, commenting on the filthy privy-middens
in front of the houses, wanted to know what was the use of putting doors on to places where the water
came in by the roof ? " They objects should be oot o' there." These " objects " were the only im-
portant outlook for the people at their front doors. There was a general expression of opinion that the
closets should be at the head of the garden, one for each house.
This row is about 500 yards long. The filthy privy-middens, placed at intervals along the row,
stand out only a few feet in front of the houses. They were all in a state of greater or less nuisance. All
the privy-middens, and some of the houses, could legitimately have been certified under the Public
Health Act.
At one of the mining villages in Dreghorn Parish the access roads were not properly made, and, at
the time of visit, were covered with about a foot of mud.
The result was obvious on the floors of the houses, which in other respects were very good and
well kept.
County of Linlithgow. {Visited 8th April 1914.)
Armadale—Russell's iiow.— This row illustrates a not uncommon occurrence. The houses had be-
longed to a company now extinct. They had been built for a small sum. They had been acquired cheaply.
Probably the income from the subjects has already exceeded several times over their capital value. In
many mining districts this occurrence is repeated. Houses built at the opening of a colliery may out-
last by many years the productivity of the colliery itself. Consequently, the houses, being no longer
of any functional value for colliery purposes, are disposed of for trifling sums, but they may be kept in
occupation for a generation or two. Several times, in the course of their Adsitations, the Commissioners
were informed that action by Local Authorities had been delayed on the ground that the pits concerned
were nearing exhaustion.
Of the houses visited in Armadale, one had two rooms, with the usual two beds in the kitchen. Very
clean ; one outside water-closet for four tenants. The former ofiensive privy-middens had been converted
into water-closets. The Commissioners were informed that every house in the burgh was now provided
with water-closet accommodation. In this particular house there was no coal storage. The floor was
below the level of the ground. One well hydrant for every twelve houses ; rent of two-room house
£7 per annum, exclusive of rates. '
Another house contained a single room with a small closet. No coal storage. No washhouse. Two
beds in kitchen. Bed also in closet. Eight occupants — eldest aged 19.
There is a daily collection of refuse.
Bents — United Colliery West Lothian Housing Company. — This is a new group of houses, built on the
garden city model. Each house has two rooms, scullery, and bath. Rent 5s. a week. The houses are
spaced at about sixteen houses to the acre. This Company has built about 160 houses. They are
worked by the Public Utihty Society, with loans from the Public Works Loan Commissioners to the
amount of £40,000.
A house of kitchen, two rooms, bath, scullery, coalhouse, washhouse, is rented at 5s. 6d. per week.
Stoneyburn. — A new house contained kitchen, two rooms, scullery, with garden. Rent 4s. 9d.
per week, including rates. Water-closet for each house. Daily removal of refuse. In the old rows of
this group the houses contained three rooms, but no scullery. They were rented at 4s. 3d. per week,
including rates.
From the areas visited in Linlithgow, it was apparent that there had been a steady and considerable
movement both in the reconstructing of old houses and in the provision of new houses. Relatively,
the amovmt of active improvement was very striking. There are still many unsatisfactory groups of
houses ; but there was evidence of a general desire on the part of the tenants and a general wish on the
part of the owners to secure all practicable imprevements.
Cownty of Stirling. {Visited 9th April 1914.)
Lwariston— Redding Square.- — In these rows there were some six two-room houses and fourteen
one-room houses. The usual filthy privy-middens still exist. Some years ago walls had been lathed
and plastered. Opening windows had been put in the back walls. Ventilation had beeii improved.
The walls had been pointed. Refuse removed three times a week. The village is a scavenging district.
In one of the one-room houses there were two parents and four children. The Visit coincided with
washing day ; there were two tubs in the kitchen, which was in the usual disagreeable state incident
to washing day.
In another one-room house there were also six iimiates.
REPORT. 161
There were only three closets for nineteen houses. In the one-room houses the rent was Is. 9d. per
week. There was a complaint of want of room. The houses were, on the whole, very clean.
California Rows. — These were repaired in 1900. Ventilation put under floors. Slate roof put on.
Rones provided. Some of the houses lathed and plastered. No washhouse. There were six dry
closets and one street well for twenty-four families. There were signs here of recent cleaning, probably
in view of our visit. The ashpits and dry closets were not very clean. We were informed that this
colliery will soon be exhausted. This fact has apparently, here as elsewhere, restrained the owners from
carrying out necessary repairs ; nevertheless, the houses have been somewhat improved, but very little.
Refuse removed twice a week. Drain at back and front.
Standburn Rows. — Daily removal of refuse established two years before date of visit. General im-
provement was manifest. The ashpits, though not now used, have still been left. They are still associated
with the closets. It is difficult to imderstand why the owners should have left ashpits that are not now
necessary. They are apt to become a soirrce of nuisance. The type of privy, except for the empty
ashpit, is the same as elsewhere. Very foul-smelling. A washhouse at this village was in somewhat
poor repair. It is said that the colliery here will be exhausted in some seven or eight years. For some
of the houses there are no washhouses.
Carron View Terrace. — This terrace had been newly built. The houses are of a new pattern, each
containing two rooms, with scullery, water-closet, and coal storage. Daily removal of refuse. Rent
4s. a week. The keeping of the houses was manifestly superior to the keeping of those with the usual filthy
ashpits. Over and over again this has been illustrated in the mining counties. The difference between
the villages with a system of daily removal, and the villages with ashpits, is so great that, apart alto-
gether from the question of disease, the formation of scavenging districts is abundantly justified. The
accommodation, even in the fairly good two-room houses, is so poor in relation to the large families,
that no village can be kept in a satisfactory state of sanitation so long as the combination privy-ashpit
survives.
These notes are sufficient to show that the county of Stirling has, in considerable proportion, much
the same types of miners' houses as in the other mining counties. There have been many improvements,
but the state of sanitation is still very primitive in a considerable number of places. There is evidence
of an increasing demand for larger houses and for better accessories in the smaller houses.
CHAPTER XV.
RURAL HOUSING.
Peculiar Position of the Farm-Workers.
1039. The housing of farm-workers in Scotland presents features quite distinct in several ways
from the housing of any other class of workers, and can be rightly understood only if we keep in
mind the position of the farm-servants in the economy of the farms, the relations that exist between them
and their employers, and between these and the owners of the houses. This will be more clearly appreci-
ated if we sketch very briefly the history of the farm-servants since farming began to be developed on
the lines of the larger farms, which are the rule to-day in Scotland.
1040. Prior to the time in the eighteenth century when the enclosure of flelds took place, and
improved methods in agriculture were introduced, such labour as the small farmers required, in addition
to the members of their own families, they obtained by taking the sons of small craftsmen and subtenants
into their homes as servants, who received bed and board and material for clothing, and in addition a
small money fee at the half-yearly terms. These servants were in effect members of the farmers' own
families, and the employers bad such rights over them as the head of a family could claim.
1041. Besides those servants, over whose lives and labour the farmers had very extensive control,
there were subtenants or cottars, who lived in houses they had built themselves, and who, in return for
the land that they were allowed to till for their own use, were required to give definite services, such as
ploughing a certain extent of land for the farmer, assisting with the crops, and so on. This was a develop-
ment of feudal tenure.
1042. With the introduction of^improved£methods of farming, the drainage and enclosing of fields
and the rotation of crops, the subtenants were gradually cleared out and the farms as definite units
■ cultivated on a more extensive plan. It became necessary for the farmers to retain larger staffs of men
regularly employed, and cottages were built on the farms to house the married men, who were engaged
on a yearly contract of service, receiving their cottages and certain allowances of the produce of the
farms as wages. At first the wages were paid almost entirely in kind, but in the course of time certain
of these allowances were commuted for cash payments.
1043. The system did not develop equally in all parts of Scotland. If a rough division is made of
the country, it will be foimd that the counties lying south of the Tay show the greatest development of
the system of cash payments, the wages being paid weekly or fortnightly, and the allowances forming
a very small part of the earnings. North of the Tay, the old system obtains of engaging for an annual
fee, with allowances of meal, milk, potatoes, and fuel, the cash payments being made by way of advances
of a proportion of the cash fee every month, and the balance being paid at the half-yearly terms.
1044. South of the Tay the enclosiu-es were carried out earlier and more completely, and there the
cottage system is found most completely developed.
1045. North of the Tay, and in Ayrshire and the South-West, the process was slower, and the smaller
farms have persisted in greater numbers. This is true also of the higher lying gi-oimd in Scotland generally.
On such smaller farms the system of engaging young immarried men as servants, boarded and lodged
by the farmers, has continued. Except on the smallest farms and on certain dairy farms, it is not usual
for the young men to be lodged in the house, but separate sleeping accommodation has been provided,
U
162
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
although at first that was often secured by fixing up a bed in a part of the loft above the horses. In
the counties north of the Tay, however, it is still the custom, on the larger farms, to employ a considerable
number of single men, and these are generally housed in bothies and given fixe and light and an allowance
of meal and milk, with a money fee payable half-yearly. (Rothney, 31,841 (17-20).)
1046. It will be seen from this very brief outline that the relations existing between farmers and
their servants still retain many of the features that were quite common to all classes of workmen more
than a century ago. The farm-worker is still a servant who enters into a contract of service of a binding
nature and for a lengthy period. He resides on the farm in a house provided by his employer. The
tenancy of the house begins and ends with his employment. He is paid partly in cash and partly in
kind. If he fails to fulfil his engagement, the farmer may confiscate any part of the wages that may be
due to him, and may sue him for damages for breach of contract. If the farm-servant deserts his master
and another farmer employs him before the date of the expiry of his engagement, the first master may
sue the second for " harbouring a deserter." It may be urged that, in this respect, he is in no different
position from any other workman who breaks a contract of service, and that is true so far as the common-
law rights of master and servant are concerned ; but in all other industrial employments engagements are
entered into for short periods, wages are paid weekly or fortnightly, and the relations of employer and
employed are so regulated that the old common law has fallen into desuetude. Phrases that remind us
of feudal times, and have lost their meaning so far as the mass of the workers are concerned, have still
a real meaning to the farm-servants because of the conditions of their employment. The very name
" farm-servant " marks off the position of the farm-worker from that of other workers. Except in
domestic service, the term " servant " is not used now in the industrial world, and modern legislation
has discarded the use of the term in consonance with the changed position the workers occupy. The
farm-servant occupies a peculiar position owing to the length of his engagement, the methods of payment
of his labour, and the conditions on which he occupies his house. This has a distinct bearing on the
housing problem.
Current Systems op F.4rm Housing.
1047. Farm- workers in Scotland are almost invariably housed by their employers ; the married
men in cottages provided by the estate ; the single men in {a) bothies in which- they live and cook their
own food, or (6) sleeping chambers in or about the steading, in which case they are boarded by the farmer,
or (c) in the cottages with their fathers, where fathers and sons are both workers on the same farm —
double binding.
1048. The following table shows the method of housing single men that prevails in each mainland
county. (Rothney, 31,841.)
County.
Married Men.
Caithness
Sutherland .
Ross and Cromarty
Inverness
Nairn .
Elgin .
Banff .
Aberdeen
Kincardine .
Forfar .
Perth .
Fife .
Kinross
Clackmannan
Stirling .
Dumbarton .
Argyll and Bute
Rerirew
Lanark
Ayr
Linlithgow .
Edinburgh .
Haddington .
Berwick
Peebles .
Selkirk .
Roxb\ugh
Dumfries
Kirkcudbright
Wigtown
Hiring.
Yearly.
Yearly and half-
yearly.
jj
Yearly.
Half-yearly.
Yearly and half-
yearly.
j>
Yearly.
Single Men.
Hiring.
Half-yearly.
Yearly.
Half-yearly.
Housing.
Kitchen.
Bothy and kitchen.
J»
?>>
Kitchen.
Bothy.
Bothy and kitchen.
Kitchen.
Double binding and
kitchen.
Double binding.
Kitchen.
REPORT. 163
1049. We shall describe first the cottages provided for married men and their families : next the
bothy and chamber systems.
Types of Houses.
1050. The old type of house common to the small farmers and cottars, until the beginning of the
nineteenth century, was a primitive erection of four walls of stone, or a mixture of turf and clay and
stone, thatched with turf or straw, without chimney and often without windows, the floors of clay — the
whole erection being not much different from the " black houses " found in Lewis to-day. A rough
division into two apartments, known as the " but " and the " ben " was effected by the box-beds which
were erected across the centre of the dwelling. (Tweedie, 13,435.) In course of time stone and lime
walls were built, two rooms were provided with a proper partition between, floorings and ceilings were
added, and the internal finishing of the rooms attended to. The transition is illustrated from Wigtown-
shire, where, fifty years ago, or less, " almost every cottage . . . had a thatched roof, with mud
' walls, and, perhaps, two apartments, or one apartment ; but that is all changed now." (Stair M'Harrie,
28,331-2.)
1051. In Social Life of Scotland in the Eighteenth Century, Graham relates how in 1702, Morer, an
English chaplain, describes " the houses of the vulgar as low and feeble, their walls made of a few stones
' jumbled together without mortar to cement them, so ordered that it does not cost much more time
' to erect such a cottage than to pull it down," and then proceeds to say that the houses were without
chinmeys, and had only holes in the turf -covered roofs for smoke to pass. He adds, " This description
' will apply to the homes of the people through a great part of the eighteenth century." (Graham :
Social Life of Scotland- in the Eighieenth Century, pp. 181, 182.) The houses of the tenantry, were very
httle better in most cases than those of their ploughmen and herds, and it was such a dwelling that Burns
described in " The Vision " :
There, lanely, by the ingle-cheek
I sat and ey'd the spewing reek,
That fill'd, wi' hoaat-provoking smeek,
The auld clay biggin' ;
An' heard the restless rations squeak
About the riggin'.
1052. The common type of cottage to be found in Scotland to-day is the old " but-and-ben " with
the room and kitchen entering right and left from the door, and a small closet or pantry let in between
the two rooms. (Reid, 3178 (14).) Various attempts have been made to secure a different type of cottage,
notably by the Highland and Agricultural Society, which, from 1832, offered premiums for plans, and
did a great deal to encourage a better type. Premiums were also given to landlords for the best schemes
of improvements in cottages carried out on their estates. Plans were published, and every encourage-
ment was given to proprietors to improve the dwellings. An Association for Promoting Improvement
in the Dwellings and Domestic Condition of Agricultural Labourers in Scotland was formed in 1854,
and was supported by most of the large landowners. It endeavoured to set as a standard a cottage of
three rooms' with suitable offices; but, except in isolated instances, little progress has been made in
promoting such improved standard of dwelling. Occasionally cottages, consisting of a ground floor and
attics, are to be met with but they are exceptional.
Site and Position.
1053. The cottages are generally built in pairs, or in rows on the larger farms, though in many parts,
and of course in the hill districts, single cottages are found. The site has too often been selected not for
its suitability as a site, but for economy of land and the convenience of the farm work. The result is
that the site is often a contributing factor in the prevaihng dampness of the houses and aggravates the
difficulties of water-supply and drainage. (Barrie, 28,693 (3), 28,700-1 ; Dobbie, 30,839 (4).)
1054. Thus in the pastoral districts of Roxburgh, Selkirk, and Dumfriesshire, the " thack " houses,
common forty or fifty years ago, were displaced by houses of higher standard ; but these were low, slated
cottages, without rones or drainage, and with flagged or wood floors laid on the bare earth. They were
often built against a bank, with no division between the soil and the masonry. They were plastered
on the stone, and were mostly very damp. The sites, too, were often badly chosen. Many of them are
" stuck in hollows where the sun does not get at them ; perhaps they put them there because they thought
' they were best out of the way." (Barrie, 28,693 ; 28,700.) " I faiow dozens of houses where, within
' a hundred yards of their present site, they could have got magnificent sites — dry sites, a fine outlook
' and a cheery situation." (Ibid., 28,701.) From a natural reluctance to scrap fairly good walls, the new
houses were often built on the old sites. Midlothian furnishes similar insttmces. Many cottage floors are
level with the land surface, with the land at their back sloping towards the house, so that the wall is
virtually-a dam for surface water. (Dobbie, 30,839 (4).)
Size of Houses.
1055. Among farm cottages, one-room houses are a small proportion. Except in Ayrshire and
Lanarkshire, they are rarely met with. (Middleton, 30,074-5 ; Anthony, 32,321-5.) Even in
those two coimties the standard of accommodation for the farm-workers is higher than for the miners.
The typical house is a house with kitchen, room, and mid-closet. The kitchen is generally large enough '
to hold two beds. The floor space may be put at an average of 15 feet by 12 feet. (Rodger, 29,693 (4) ;
Ralston, 30,187 (4); Ross, 31,004 (2).) The room is usually of the same size, sometimes a httle
smaller. There seems to be very little variation from these sizes. The mid-closet is, as a rule, little more
than a large cupboard, or pantry, or scullery, without window (Elder, 30,521-5), or it may be large
enough to hold a bed (Ross, 31,004 (2).) In one county it was found frequently to be a 6-foot closet,,
with the result that a grown-up person could not " lie across it " (Dobbie, 30,846-8.) It is not
164 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
suggested that the closet is often used as a bedroom — a purpose for which it is unsuitable ; but when
families are large, " there must be a lot of them put into this closet." {Ibid., 30,848.) The great majority
of the farm cottages in Scotland may be classed as cottages of two apartments. In some individual
instances, cottages of three rooms have been provided (Duff, 31,756 (14) ; M'Harrie, 28,334) ; even four
rooms have been admitted to be desirable, " as having only three means putting a bed in the kitchen
' for the boys after they have reached a certain age, or when they return after going to work ; but I have
' been unable to find a plan for a double cottage giving four rooms to each family without greatly increas-
' ing the cost" (Duff, 31,756 (14).) But these developments have not been on a sufficient scale to
affect the general statement that the type of Scottish farm cottage is still a house of two rooms (reckoning
the kitchen as one room) and a closet.
1056. Such houses as have been built in recent years include a larger proportion of three- and four-
room houses, and some estates, although they are a small minority, have made a praiseworthy effort to
increase the accommodation and to improve the conveniences. In some instances where new cottages
have been built with modem conveniences, including baths, and in other instances where cottages have
been reconstructed, and similarily provided, they have attracted a good type of men ; they have been
well kept, and greatly appreciated. (Tweedie, 13,472; Johnstone Douglas, 2390; Wintrup, 13,206.)
The plan usually favoured is to provide all the rooms on the ground floor, and these are generally smaller
than those in the typical two-room house. " The cottages we have been putting up recently have had
' four apartments, with a washhouse and a scullery, and a place for putting coals and sticks. We have
' also supplied a dry closet." (Fenwick, 31,696-7.) In certain cases, notably in Eoxburgh shire and
Morayshire, the attics have been used to provide either one or two bedrooms. (Barrie, 28,708. )
Structure of Houses.
1057. Farm cottages vary greatly in structure, from the old clay and stone buildings of uncertain
age, to the modern cottage. The proportion of the older clay-walled, low-ceihnged liouses, with thatched
roofs, and clay or earth floors, is not large, and fortunately is decreasing every year as the houses become
uninhabitable.
1058. Among the northern counties, Caithness is mentioned as, from a variety of causes, the locality
where the ploughmen's and farm-labourers' houses have been allowed to deteriorate, or have not kept
pace with the improvements common elsewhere. (Rose, 15,465 (16).) But such stagnation is not con-
fined to any one county. A witness from Lower Annandale states that, as a great many of the older houses
were " just one large room, and subdivided sometimes by these old beds that they used to have, and
' sometimes by wooden partitions," with clay floors, it means practically a new house " when you begin
' to do anything to these houses." (Tweedie, 13,435.) The necessity for reconstruction has acted as a
deterrent in the provision of improved houses. In Forfarshire, " the walls of the old thatched houses
' would not bear reconstruction, because they were mostly clay walls. We have a number of them standing
' yet, quite well." (Swan, 31,483.) In Banffshire, the " old cottages mostly have earthen floors, but
' in the newer ones they are putting in concrete." (Esslemont, 31,324.)
1059. The type of structure that superseded these was the house built with stone and lime walls,
thick, sohd, and substantial. Unfortunately, these houses were built before the use of 'damp-proof
courses was understood generally and at a time when little attention was paid to the selection of a good
site. They were set down on the soil without properly prepared foundations, and consequently they
have suffered almost universally from dampness. Radical repair is difficult and expensive. The result
is neglect and great deterioration of the structure. The site was not properly drained. Under-floor
ventilation was not provided. The want of rones at the eaves, the neglect of them where they have been
provided, and the general carelessness in the maintenance of the structures have all contributed to render
a large proportion of these older, yet relatively new and improved, houses less serviceable than they might
have been had a few simple precautions been taken at their original erection. (M'Kerrow, 29,958 (9).)
1060. Illustrations of these conditions might be taken from almost any county in Scotland. Mr
Wintrup, County Sanitary Inspector of the Stewartry of Kirkcudbright, presents a classification of older
houses according to their structural condition. This classification is based on over twenty-five years'
administrative experience of the housing in his county, and should serve as a good general description of
the farm-servants' houses in the southern counties generally.
1061. Not taking into consideration the houses erected within the past twenty years or so, the older
houses may be classed somewhat as follows : — •
(a) Good walls and roof ; no damp course, no ventilation under floors ; eave rones, plastered
on the stone inside ; windows, small parts made to open, others fixed. No sculleries or washing-
house ; drains fair. Walls and floors inclined to be damp and the rooms where floored with timber
fusty.
(6) Much the same construction as (a), no damp course or eave rones ; windows fixed, often
stuck with paint ; waUs and fioors much damper than (a) ; no scullery or washing-house ; no drains ;
and the general condition all over not so good.
(c) AH over a general deterioration from (6). Walls much damper ; floors in bad repair ; windows
loose and not working ; no sujjsoil drains ; ^earth against walls, outside walls want painting ; and
roof in poor order.
(d) Very poor structure when erected, and now so damp from old age and neglect as to be
uninhabitable. (Wintrup, 13,168 (14).)
1062. In Ayrshire, it is stated, the older cot-houses were built some fifty to seventy years ago and
ttrough natural decay are now rather dilapidated and not too suitable for human habitation. In many
cases the walls are damp and the roofs leaky. The plaster work is often quite rotten. The floors in most
cases are of flags or bricks and are generally damp. (Middleton, 30,059 (4).) In Perthshire, a great
many of the houses are " very old and suffer from dampness, caused in many o^ses by the want
' of a damp-proof course and unsuitable sites." These conditions are accentuated by want of lath and
plaster and the rough building of the walls. (Graham and Nicoll, 36,297 (11).) A witness from Roxburgh
REPORT. 165
states that he has known cases where the houses have been " offensive through the floors going with dry
' rot," repairs being successful only in covering up the defects, not in removing them. (Eamage, 32,657 (3).)
" An old house means continual repairing." (Ibid., 32,715.)
1063. It is not necessary to give further illustrations of conditions that commonly prevail wherever
older houses have survived in any numbers, and that means in every rural area of Scotland. Judged by
these radical structural defects alone, large numbers of the farm- workers' houses may properly be regarded
as unfit for habitation.
1064. The majority of the houses occupied by farm-servants in Scotland are houses of this type of
structure, which have been improved by renovations in several directions. The walls have been heightened
and better roofs put on : efforts have been made to drain the sites, and to mitigate the worst effects of
the bad foundations by providing ventilation under the floors. Walls have been Hned on the inside with
wood, and in some cases strapped and lathed and plastered. Windows that did not open or that contained
only a single opening pane have been replaced by sash windows, though many of the old type remain.
In many cases rones have been provided. In many cases, too, another room has been added. (Smith,
28,684 ; Paxton, 32,779 (1) and 32,780 ; Barrie, 28,693 (3) ; Graham, 29,671.)
1065. While a great deal has been done in this way to make the best of old houses so defective in
essential matters, it cannot be said that the improvements have been on the whole more than a shght
mitigation of the evils of such defects in site and structure. All that can be said is that efforts have been
made to make the best of bad conditions, but it has been possible only to stave off for a time the work of
displacing those older houses by others more adapted to modem requirements. (Paxton, 32,783 ; Barrie,
28,697.)
Interior : Finishings and Fittings.
1066. The interior finishing of farm cottages is simple in the extreme. In the older houses, the
inner surface of the wall is finished by plastering direct on the stone. This results in an uneven surface,
and, where dampness is so common, tends to mcrease the chilliness of the room. This surface may be
colour-washed by the occupier, or papered. In the older houses it is not uncommon to find thick coats
of paper, each new occupier pasting a new paper over the old. Where the walls are damp, as is usually
the case, it is difficult to get such papers to adhere to the wall (Rothney, 31,849 ; Ramage, 32,667), and
the effect is often an appearance of untidiness for which the occupier is in no way responsible. " It is
' a continual complaint from the housewives that the paper gets destroyed ; the walls are damp and they
' gain nothing from any trouble and effort put out to try and make the houses look a httle bit more com-
' fortable." (Rothney, 31,849.) It is not unusual for the proprietor to place a wooden lining reaching
from the floor half way up the walls, so as to improve the room and mitigate the damp, but as this does
not remove the damp but simply hides it, however much it may add to the amenity of the room, it does
not help to remove the defect. (Ogilvie, 34,959 ; Rothney, 31,841 (9a).) In the older houses that have
been renovated, and in the houses built in more recent years, the walls are generally lathed and plastered.
1067. The floors in the kitchens generally consist of cement or stone flags ; in the other rooms, of wood.
As we have aheady shown, there are still a number of old houses in which the kitchen floor consists of
clay, or even of earth, beaten down by the feet of several generations. Such floors can never be kept
even, and as the kitchens have to serve as sculleries, it can be understood that they are thoroughly unsatis-
factory and unhealthy, especially when the site of the house is damp and unsuitable, as it too often is.
1068. The " ceilings " are often formed of boards laid across the top of the betims, but this is not
without its advantages, as the occupier can drive pegs into the beams and use them for hanging articles
for which accommodation is not otherwise provided.
1069. Press or cupboard accommodation is generally deficient, and where provided is of the most
primitive character. Grates are of the simplest and frequently of the most wasteful pattern. Ranges
or ovens are rarely provided. The mid-room or closet may be fitted with rough shelves and used as a
pantry, and may have a window. Often, however, it is not ventilated at all and may be merely a large
press. It is frequently used as lumber-room or coal-cellar and in most cases is not fit to be classed as a
room. Yet probably it is everywhere included as a room in the census enumeration. This has a
very important bearing on the estimate of house accommodation and shortage.
1070. Altogether it may be said quite fairly that the interior finishing of the best of the typical houses
of the farm-servants provides rooms of four walls, with floors and ceilings and a minimum of other fittings.
Such conveniences as are required to make the rooms habitable have to be found by the occupants them-
selves, who have also to do all the papering and painting of the walls. They must provide the storage
for clothes, and often for food and household utensils. Even where the structure is satisfactory, the houses
lack comfort and convenience, because no skill has been expended on designing or planning the interiors.
A httle more expenditure on fittings and on the storage accommodation would have gone far to make the
houses more habitable. *
1071. In the newer houses, where more rooms are provided, the internal fittings are usually better,
and while the rooms are smaller, they are better arranged and more convenient for family purposes.
General Defects.
1072. (a) Dampness. — The complaint — almost universal — about farm cottages is that they are damp,
and considering their age and the neglect of site and drainage, this can be quite well understood. Damp-
ness is common in all classes of rural houses, but the evidence submitted to us is conclusive that,
in a majority of cases, it is so pronounced in farm cottages as to be injurious to health, and it may
fairly be regarded as a factor in the promotion of the chronic rheumatism common amongst farm-workers.
(Huskie, 32,576 ; Dobbie, 30,859.) How far dampness of walls is a cause of specific diseases, is a question
of great difficulty, but medical authorities never hesitate to regard dampness of walls and fioor as
injurious to health. In this they are at one with the views of the occupants and the owners of houses.
Bad sites, absence of drainage, or defective drainage, want of rones, defective roofs, want of imder-floor
ventilation, and badly laid or broken floors (Dobbie, 30,839 (1 and 3)), all contribute to this radical defect
166 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
of the farm cottage, and render any means of dealing with the evil, short of reconstruction, quite abortive.
In many cases the houses have been set down against a bank, and the earth rises several feet up the walls,
with no drainage of the site, and so the condition of the houses can be imagined. It is quite common to
see houses with the vegetable mould rising a foot or more above the floor level at the back, and the damp
can be seen rising up the wall. {Ibid., (4).) Even where this evidence of damp cannot be seen at once by
the loose wall-paper or by the discoloration of the walls, both of which are quite common, the musty smell
of'so many of the houses shows the prevalence of this evil. This is particularly the case where one of
the rooms may be used as a " best room," in which fires are rarely lit.
1073. It should be added that none of the witnesses disputed either the prevalence or the undesir-
ability of dampness in the walls and floors of houses. It is on all hands admitted that no modem house
can be accepted as fit for occupation unless every practicable precaution has been taken to secure a dry
or well-drained site, and to prevent chronic dampness of the walls and floor. These precautions are
no longer dictated merely by considerations of health or disease, but essentially by considerations of reason-
able comfort. For the reasons broadly suggested in this sketch of conditions, the farm cottages seem to
have suffered more than almost any class of houses from primary defects of structure and the difficulties
of reconstruction.
1074. (b) Deficient Lighting, Ventilation, and badly constructed Chimneys. — Other defects of con-
struction are deficient lighting and ventilation, and badly constructed chimneys. In the older houses it
is quite common to find the fixed windows, sometimes with a single small pane that can be opened, but
frequently without any special means of ventilation. Sometimes the lower half of the window can be
opened, but as it is not hung, it has to be propped open with a book or piece of wood. These windows are
small and each room may have only one small window on the same side of the house as the door, thus
producing the evils of the back-to-back houses, so far as ventilation is concerned. Even in houses other-
wise of fair construction, the tendency is for the windows to be too small. (Huskie, 32,585.) Ventilation
is usually secured by leaving the door open during the day, but this means that when the family is in bed
the ventilation is very defective indeed. Defective construction of chimneys and badly constnicted
fireplaces frequently lead to smoke being a nuisance in the rooms. (Rothney, 31,841 (7).) This, besides
involving expense by the soiling of the wall-papers, is a source — a quite inexcusable source — of incon-
venience and discomfort.
1075. (c) Neglect of Maintenance. — ^All such defects of structure are greatly aggravated by the general
neglect of maintenance, which is the greatest source of trouble to the inmates of the cottages. This
neglect of maintenance arises to a large extent from the conditions of tenancy, and the dual responsibility
of the landlord and the farmer, to which we shall refer later. To this cause may be attributed the neglect
of pamting of the external woodwork, leading to defective and leaking window-frames ; the neglect of
timely repairs to doors and other woodwork ; neglect of repairs to roofs and rones ; broken plaster not
attended to, and consequent decay of the walls ; and broken floors. (Anthony, 32,326 ; Huskie, 32,591 ;
Soutar, 30,822 ; Christie, 28,951.) The natural decay of houses so old as the majority of farm cottages
are, has been aggravated by this neglect, and by the fact that the want of proper conveniences such as
sculleries, washhouses, and cellars, etc., and the lack of cupboards or presses for storage purposes, all
make the wear and tear of the house greater. Carelessly selected sites ; indifferent planning and struc-
ture ; age and neglect, all contribute to the present unsatisfactory condition in which the majority of
the houses are foimd.
General Absence of Sanitary Accommodation and Conveniences.
1076. In the rural cottage there is seldom to be found any of the conveniences that are necessary
for the ordinary carrying on of family life, such as water-supply, scullery, washhouse, coal-shed, bath,
or water-closet. (Huskie, 32,586-7 ; Ramage, 32,693 ; Esslemont, 31,336.)
1077. When most of the existing farm cottages were built, all that was considered essential was four
walls and a roof with the necessary division into apartments. Such other essentials as those named were
considered as conveniences merely, and little effort was made to equip the cottage with any of them.
Efforts have been made from time to time to supply these deficiencies, but it is still generally considered
that these are mere conveniences and hence most cottages are defective in respect of some of those
essentials, and many are without any proper provision at all. (Fenwick, 31,700 ; Christie, 28,855 (9-10).)
1078. To-day there are many signs of an altered attitude to the question of sanitary provision. But
there is still a widespread view, which is not unknown even among men engaged in public-health adminis-
tration, that the open life of the country makes the provision of sanitary conveniences largely superfluous
and that conditions intolerable in a town or even in a village are merely a matter of inferior amenity on a
farm. It is also frequently alleged that the farm- workers themselves are indifferent to the whole question ;
but we have had from dirS'ct observation as well as from witnesses evidence to prove that, whatever may
have been true of a former generation, the present generation is far from indifferent either to the minimum
essentials for decent cottage life or to the dangers of the indiscriminate dissemination of domestic filth.
On public health grounds, the absence of facilities for the control of the disposal of sewage and house
refuse, even where only small groups of cottages or single cottages are concerned, is no longer to be regarded
as a trivial difference of amenity. The typhoid-" carrier case " has changed all that. It is possible to
produce from the reports of Medical Officers of Health and other sources evidence to show that consider-
able and numerous outbreaks of typhoid fever in the towns have been definitely traced to " carrier cases "
living at country farms. As the rural dairies provide the towns with immense quantities of milk, which
may at any time be exposed to typhoid infection from country carrier cases, the question of the effective
sanitation of rural cottages has, at a bound, become a matter of urgency. The uncontrolled diffusion of
human filth at the farms and farm cottages is now known to be a serious danger to the populations of the
towns. "What is true of typhoid fever is true, with differences, of diarrhoea and other diseases that may
occasionally arise from human contamination of milk. But the danger from carrier cases of typhoid fever
is sufficiently definite to be of itself a ground for pressing forward with all speed the improvements now
suggested,
REPORT. 167
«
1079. But, apart from the dangers to public health, several witnesses, who spoke from personal
experience, expressed on behalf of the farm-workers and their wives the strong desire for the provision
of sanitary conveniences. (Dobbie, 30,869 ; Reid, 32,131 ; Ramage, 32,717 ; Anthony, 32,380.) This
is further discussed under a special heading.
Sculleries.
1080. Except in rare instances, sculleries are unknown in farm cottages. Generally a table placed
near the window has to serve for this purpose, the water being stored under the table or in the passage
near the door. No fittings of any kind are provided to lessen the labour of the housewife or to enable her
to do the work that can generally be confined to the scullery in a better-equipped houjse. All this work
has to be done in the kitchen.
Washhouses.
1081. These are rarely provided. Occasionally a shed is erected which is meant to serve as wash-
house, coal-shed, or storage for other articles (Ogilvie, 34,975), but the invariable rule is for the kitchen
to be made the washhouse, except in the summer-time, when, if the weather is suitable, the wash-tub may
be set up beside the cottage door and the washing done hi the open air. Not only has the washing to
be done in the kitchen, but the man's wet and dirty clothes have to be dried in it ; with an inconvenience
and discomfort that need no emphasising. Any hot water required has to be got from the kitchen
fire, or, in the summer-time, from a fir.e lighted outside. (Christie, 28,855 (10).) The effect on the
kitchen as the chief living-room, however, is very bad. Where floors are so often uneven or broken
the result of washing in the kitchen is to add to the prevailing dampness, and the effect of the steaming
atmosphere in rooms where ventilation is indifferent at the best, carmot add either to the comfort or
to the cleanliness of the apartment, and cannot be other than prejudicial to walls and the furniture.
Closet Accommodation.
1082. The lack of proper closet accommodation for rural cottages is one of the most glaring defects
among the many that the occupiers have for too long been obliged to suffer. Very many cottages have
no sanitary accommodation at all. (Huskie, 32,586 ; Paxton, 32,779 (3) ; Graham and Nicoll, 36,355.)
1083. The evidence for this is so overwhelming that detailed proof is uimecessary. Illustrations
may be taken from any county in Scotland. Dr Huskie, who is familiar with county conditions in
the south of Scotland, states that the women complain very strongly because " it is not nice for a woman
' to go out with the men hanging about. It is very trying. Then it is also very trying to go out in the
' middle of the night if there is snow on the ground or if it is pouring. It is a scandalous state of
' affairs." (32,587.) The privies, says another witness, are " often placed so close to the house windows
' as to be a nuisance, so that they are not used." (Paxton, 32,779 (3).) In another county a witness
said that privies for farm-servants' cottages were being gradually provided, but that " a good many
' men themselves don't express a desire for that." (M'Nicoll, 36,355.) " We endeavour if we can to
' get a convenience for each." (36,356.)
1084. Where any attempt has been made to remedy this state of affairs privies are provided.
Generally these are primitive wooden erections situated at the end of the gardens, or where a number
of cottages are built in a row, one privy may be provided to serve all the families in the row. Where
such is the case the evidence submitted showed that they were rarely used, which one can well under-
stand and appreciate. (Reid, 32,089 (3)-32,133 ff.) Continual friction and difficulty is bound to arise
as regards the proper cleaning of the privy, and nuisances are consequently created.
1085. From what is said as to water-supply, it is at once understood that water-closets are rarely
met with.
1086. Those who have no intimate knowledge of the conditions of farm cottages in Scotland will
scarcely credit the statement that in the twentieth century houses are provided for workmen and their
families without any sanitary provision whatever ; but the evidence submitted to us on this point is
conclusive. Our own visits confirmed that evidence. We foimd that the complete absence of any
provision is only too common.
1087. The farm-servants often endeavour to erect privies for themselves ; but as they are yearly
tenants, and migrate frequently, this is very unsatisfactory where the effort is made. One witness
told us it was not unusual for the cottars to possess several old doors which they set up to serve the
purpose, these being " flitted " with the other articles of furniture when the tenants moved. (Essle-
mont, 31,337.) It can well be realised that such complete lack of sanitary conveniences, especially in
houses where there are families of children, causes much discomfort and inconvenience besides adding
uimecessarily to the labour of the housewife in the exercise of her daily work.
1088. Where most of the requisites of home life are absent there is no inducement for a man to settle
down and make a home. It almost creates a ban against a farm-worker with a large family, as it is
impossible for hinj to get accommodation in which to live in any sort of decency and comfort. (Anthony,
32,355-7 ; Paxton, 32,786.) A sense of dissatisfaction with such conditions of life is fostered, which
no doubt tends to increase rural depopulation and constant changing of situations among farm-servants.
(Esslemont, 31,326-410 ; M'Connachie, 14,301 (20) ; Wintrup, 13,213-5 ; Rothney, 31,974 ; Ramage,
32,735.)
Baths.
1089. Except in rare instances in some of the houses built or renovated quite recently, baths are
never provided.
Coal-Houses and Storage.
1090. These range in the more recently built houses from properly planned erections to the rough
sheds which have been added to the old houses. Frequently no provision at all is made, and coals may
be found stored in the mid-closet between the " but " and the " ben,"
168 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Water-Sxjpply.
1091. It is only in very rare cases indeed that water is brought into the cottages of farm- workers.
Sculleries supplied with water and drainage are so rare as to be practically negligible. (Ogilvie, 35,082.)
Where water-supplies exist, the best that is generally done is to bring the water to the door of the cottages,
or to the end of the row, or to some other point adjacent to the cottages, where it can be drawn off at
a stand-pipe. The housewife has to carry the water from a well. This may be a deep well,
from which the water has to be pumped, or it may be a dip well, which is merely a gathering place for
the surface water from the fields. In too many cases the water-supply is not above suspicion of con-
tamination, but it is the only supply conveniently accessible. The water-supplies of the farm cottages
constitute a very large item in the administrative work of the medical officers and sanitary inspectors.
(Huskie, 32,596-601 ; Paxton, 32,841 ; Kothney, 31,841 (10) ; Ramage, 32,681.)
1092. The occupier is by statute entitled to have a proper water-supply " at or reasonably near "
his house ; but there is no standard of what is " reasonable." Cases of water having to bo carried 150
yards are quite common. (Hamilton, 36,167 ; Christie, 28,855 (9) ; Wintrup, 13,168 (3).) While
instances of distances ranging to 400 yards are to be found. (M'Connachie, 14,320 ; Rothney, 31,853 ;
Ramage, 32,683 ; Reid, 32,089 (3).) Frequently these supplies, such as they are, are precarious and
run dry in summer. This and the distance from the house constitute a great hardship and inconvenience,
and the difficulties of cleanliness, both as regards house and person, are thus enormously increased,
especially in winter or bad weather. The work of the house is made more laborious, and the women
especially have real cause for complaint. (Rothney, 31,973.)
1093. Besides the element of distance, however, the question of accessibility enters in, and the labour
of carrying the water necessary for household purposes may be as great over the shorter distance, because
of the situation of the well. The result is that extra labour is thrown upon the housewife. Where
the accommodation is so limited, and the kitchen has to serve for so many purposes, the storage for the
water can never be satisfactory from the point of view of health.
Drainage.
1094. From what has been said about water-supply, it will be understood that, except for the " jaw-
' boxes " or traps, or minor drains used for disposal of slops, house drainage is practically non-existent.
1095. In the course of twenty-seven years of public health administration by the District Committees,
much has been done to improve both water-supplies and drainage ; but the amount still to be done is
enormous.
Standards of Habitability.
1096. It is not possible for us to give any reliable estimate of the number of farm cottages that
are below any given standard of habitability, keeping in view all the factors of structure, repair, and
essentials -of sanitation that may reasonably be required to enable a house to be classed as satisfactory.
Before that could be done a very extensive survey would have to be made, and an agreed-upon standard
erected by which the houses could be judged. Nothing of this kind has been done, nor has it been possible
to secure even a proper beginning under the 1909 Act. It may be interesting, however, to give the opinions
of three witnesses from different districts as to the condition of affairs within their own knowledge.
Mr J. Milne Home made an estimate for his district of Dumfriesshire, after an inspection of 1034 houses,
290 of which were farm-servants' houses. His estimate was that of the 1034 houses, 39-3 per cent, were
good or very good ; 50 per cent, were fair ; and 10-7 per cent, were poor or bad. As the principal landlord
in this district is in a position to maintain his houses in good condition, and does so, his estimate may be
taken as more favourable than the normal. (Milne Home, 29,842 (5) and (6).)
1097. Mr George Wintrup, Sanitary Inspector of the Stewartry, made a classification of the older
houses, excluding those built within the past twenty years. He estimated that 50 per cent.- could be
included in the highest class, which he described as :■ —
Good walls and roof, no damp course, no ventilation under the floors ; eave rones ; plastered
on the stone inside ; windows, small parts made to open, others fixed ; no sculleries or washing-
houses ; drains fair ; walls and floors inclined to be damp, and rooms where floored with timber
fusty.
1098. The remaining houses he classed in three groups, each group showing a progressive decline
from the standard set above ; and he estimated that the numbers in each of the other groups would be
about equal. (Wintrup, 13,168 (14).) As most of the houses on Scots farms had been built more than
twenty years ago, and the conditions in the Stewartry are about the same as in other parts of Scotland,
the estimate is an illuminating one.
1099. Mr Ferric, Parbroath, speaking for the north of Fife, a district which he stated is particularly
well off in the way of housing, estimated that 10 per cent, of the houses were bad, 50 to 60 per cent, were
of the middle class, and 10 per cent, were superior. (Ferric, 32,202-4.)
Overcrowding.
1100. Overcrowding is not serious in farm cottages. The conditions of tenancy preclude the keeping
of lodgers, and it is rarely that other than members of the family are accommodated in the cottages.
The accommodation provided is not sufficient for the families usually to be found in the cottages (Ross,
31,099), but the tendency is for the family to disperse early, so that the number of adults to be housed
is generally less than in the case of families in towns. In the Lothians and Border coimties, where the
double-hinding system obtains, a larger number of adults has to be accommodated in the cottages ; but
the number of houses with more than two apartments is generally greater than where the double-
REPORT. 169
binding system is not common. There is urgent necessity for greater accommodation everywhere. The
accommodation of the average house is not adequate to the needs of the average rural family.
Ownership of Houses : the " Tied House " : divided Responsibility for Repairs.
1101. Practically all the houses in rural districts have been built by landowners for the equipment
of their farms and estates. Farm cottages are part of the equipment of the farm, are owned by the estate,
and let along with the farm. The usual arrangement is that they are let to the farmer, who accepts them
as habitable, and undertakes to maintain them during the currency of the lease, and to leave them in
the condition in which he found them. Structural repairs fall to the landlord to provide, but minor
repaii-s are supposed to be done by the farmer. (Smith, 32,869 (3).) The farm-servant attends to the
internal painting or papering of the house himself. The farm-servant does not know whom he is to look to
for necessary repairs, but it would appear that he has a claim against the farmer, while the proprietor is
responsible to the' Local Authority. (Wintrup, 13,223 ; Maxwell Ross, 13,810-1.) The farm-servant
gets his house as part of his wages, and has no recourse against the proprietor if he is dissatisfied with
the accommodation or neglect of repairs. It seems very difficult for a farm-servant to get any repairs
done to his house, however necessary they may be. He may complain to the farmer or factor, but, beyond
promises, very often nothing is done. The shepherd or ploughman is helpless, and has to suffer the
discomfort of defective roofs, damp walls and floors, or leave at the term. (Rothney, 31,945 ; Anthony,
32,330-7 fE. ; Huskie, 32,591-4 ; M'Kerrow, 29,987.) These defects have been brought to the notice of
the Sanitary Inspector and ignored (Rothney, 31,954), while one witness states that he gave up his
place and left his house, as the doctor was never out of it owing to dampness and its generally
ruinous condition. (Ramage, 32,755.)
1102. This divided responsibiUty is a constant source of difficulty and delay, and between the two
stools of landlord's and farmer's interests the occupier falls to the ground. (Soutar, 30,829 ; Cobban,
29,128.) The occupier has to make his complaint to the farmer, and the question then arises whether
the repairs necessary are such as the farmer or the landlord is responsible for. The farmer generally
tries to shift the bm'den on to the shoulders of the estate, and the estate is generally desirous of com-
pelling the farmer to meet what it considers to be his obligations. (Cobban, 29,127 ; Barrie, 28,742.)
Until the responsibility is settled the complaint remains. (Soutar, 30,829 ; Cobban, 29,128.) This
element of friction is a serious deterrent to the proper maintenance of the house, and a fruitful source
of delay in getting the necessary repairs timeously done, with serious effect to the house. The occupier
cannot exert direct pressure on the owner of the house, who is the person responsible under the Statutes
for its proper maintenance in a state of habitability. (Anthony, 32,337.)
1103. Medical Officers of Health and Sanitary Inspectors, however anxious they may be to remedy
this state of affairs, are much hampered in carrying out their duties. If they bring the serious defects
of a house to the notice of the proprietor, they are often met by the reply : " Then we will close the
' house altogether," and occupiers have even urged the Medical Officer of Health not to press the case
for fear of being turned out of the house, with the prospect of not being able to find another convenient
for their work. Local Authorities are very averse to having to fight cases in Court, and consequently
are reluctant to issue closing orders. Members of Local Authorities have actually been threatened with
opposition at elections if they press the issue of closing orders. (Maxwell Ross, 13,749.)
Farm Steading versus Farm Cottage.
1104. There is, too, a considerable weight of evidence to show that farmers generally have shown
less interest in the condition, of the cottages than might have been expected. (Wintrup, 13,375.) Up
till recently the farm-workers have made few demands on the farmers for improvement of housing accom-
modation, and this has probably led the farmers to accept the cottages on the farm and to make few
demands on the landlord in regard to the cottages when the conditions of the leases were being discussed.
In the depressed condition of agriculture in the last quarter of the nineteenth century, farmers generally
found their demands for improvements to their steadings were more than landlords were prepared to meet,
and the cottages were generally neglected in the effort to secure the improvements on the business side
necessary on the farm buildings. (M'Kerrow, 29,964 ; Maconnachie, 14,360-2.)
1105. The tenant arranging the conditions for a new lease, or making an offer for a farm, after stipu-
lating for everything required to put the farmhouse and the steading into good order, does not care to
risk asking too much, so the cottages are left out of account. (Wintrup, 13,376 ; Dawson, 40,160 ;
Milne Home, 29,886 ; M'Connachie, 14,360-2.)
Effect of the System of Engagement.
1106. The neglect of the cottages has been further increased by the system of engagement of farm-
servants. Married men are engaged by the year, except in certain districts in the West of Scotland,
where six-monthly engagements are the rule. The contracts of service are made for these long periods,
and alterations can be effected only when the terms come round. If a man finds himself in a house
which is not suitable, or about which he has made complaints that have not been attended to, the general
practice is for that man to seek a fresh employer at the next term. Indeed, so much has the difficulty of
getting repairs done come to be regarded as a normal condition of farm service, that the great majority
of the men never take the trouble to complain, but decide to make the best of the conditions until the next
term. (Anthony, 32,351.) When they move a fresh occupier is found for the house, who may also remain
for a year only, during which the necessary repairs are not done, and the condition of the house is getting
worse.
1107. Another matter that must be considered in connection with the system of engagement is
that the man makes his engagement generally in the market-place, and does not see the house he is to
occupy until after the engagement is concluded. He has to rely on the farmer's assurance that the house
is suitable, or to trust to hearsay from other sources as to the condition of the house. (Ogilvie, 34,967 ;
170 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Anthony, 32,387 ; Kamage, 32,752 ; Reid, 32,176 ; Wintrup, 13,218.) Frequently the man does not
have an opportiuiity of seeing the house until he goes to it with his furniture on the term day. If he
should by chance hear that the house is not satisfactory after he has made his contract, or if he finds
that the house does not answer to the farmer's description, he cannot withdraw unless he is prepared
to run the risk of an action of damages for breach of contract. An instance is given where a man with
a large family particularly asked as to the accommodation, and was told by his new employer that he would
find it quite sufficient. On arrival he found a " but " and " ben," in which it was quite impossible for
him to house his family in decency. He there and then refused to ratify his engagement. He was taken
to the Sheriff Court and fined 50s. for breach of contract, although his employer had distinctly con-
tracted to give him the sufficiency of accommodation that he had demanded. (Rothney, 31,969 ; Wintrup,
13,168 (49), 13,219-21.)
Farm-Servants' Difficulty in Securing Repairs.
1108. It has to be kept in mind, too, that the farm-servant is at a disadvantage in any effort he may
make to secure improvement in his house. As a rule he is not conversant with the procedure that has to
be adopted to get the Sanitary Inspector to come to his aid, and the evidence we received from the farm-
servants tended to show that they were sceptical of the help that could be got from that quarter.
(Ramage, 32,678, and Appendix to Rothney's evidence, not printed.) If he wishes to bring pressure
to bear on his employer, his only effective weapon, during the course of his engagement, is to break his
contract. (Ogilvie, 34,971.) In the majority of cases that means he runs the risk of forfeiting the balance
of wages, which his employer retains, and he also runs the risk of being cast in damages for breach of con-
tract, unless he can prove that the house is not habitable. A greater difficulty, however, is that he can
be prevented from securing employment, because few farmers will run the risk of being sued for " har-
' bouring a deserter." It is little wonder that the farm-servant decides to " thole " the house until the term.
Effect of Migration on Housing.
1109. From various causes, of which the housing is only one, although an important one, migration
is frequent amongst farm-workers. The occupants of a particular house may change from year to year
or every few years. The maintenance of the internal structure depends to a great extent on the changing
occupants of the house ;, but where changes are frequent, it is obvious that the wear and tear are bound
to be greater. Minor defects, which a resident occupier could do a great deal to mitigate, are aggravated
by the continual change of occupier, and the whole condition of the house is adversely affected.
1110. The conditions, too, under which the engagements are made often preclude the condition
of the house from being known to the man who is to occupy it, and so there is not the natural selection
acting to drive the more defective houses out of habitation. The house is only one of the factors a man
has to consider in making an engagement, and the fact that he has to secure a housd as part of his wages
prevents the occupier from selecting so freely as the rent-paying tenant can do. He has not an open
market in which to select the house he desires, and he has not the power a rent-paying tenant has to
secure what he is prepared to pay for.
Inspection.
1111. The inspection of farm cottages under the Housing Act of 1909 has never been regularly under-
taken, and, with the present staff in coimty areas, cannot be properly overtaken. Such inspection as
has taken place has been incidental to other action in dealing with zymotic diseases, or has been under-
taken in the rare cases where complaints have been made by the occupiers.
Gardens.
1112. Farm cottages are provided with gardens varying from 100 square yards to J of an acre.
Manure is provided by the farmer, or, where pigs are allowed to be kept, may be produced in the pig-stye.
Little effort is spent in trying to make the gardens add to the amenity of the cottages. The crop is
invariably potatoes, with a small patch of other vegetables, although occasionally efforts may be made
at the cultivation of flowers. On the whole, however, gardening is not popular amongst farm-workers,
and considering their hours of labour and the nature of their daily work, it is unreasonable to expect
that it would be. The produce, however, is a considerable item in the family income.
Pig-keepinq.
1113. Pigs are kept in the Border counties, and in Perth and Forfar, and to a less extent in some
of the other counties. Except in the Border counties and in Forfarshire, pig-keeping has decreased
greatly amongst farm- workers. Various causes are assigned for this, and the byelaws enforced by certain
Local Authorities have been blamed. As, however, there are no byelaws regulating pigrstyes in the
majority of the county Local Government areas, and no definite connection between the introduction
of the byelaws and the decay of pig-keeping bythe cottagers can be traced, it does not seem to be a
principal cause of the decay. Many farmers have discouraged pig-keeping because they suspected that
the pig was being fed from the corn-bin, and in some counties the disappearance of the pig can be traced
to the veto of the farmers. The swine-fever regulations have had a good deal to do with increasing the
difficulties of pig-keeping, but probably the high cost of feeding stuffs, and the relatively low price of
pork until recent years, had more to do with the decay than anything else. Where -pigs are kept the
gardens are generally better used.
Housing of Single Men.
1114. As already stated, there are three well-defined methods of housing single men employed on
the farms, known as the kitchen system, the bothy system, and the double-hinding system. Under
REPORT. 171
the kitchen system the yoiing men are boarded by the farmer and get their meals in the kitchen ; under
the bothy system smgle men are provided with a room which serves them for living and sleeping purposes,
and fire and light and certain allowances of meal and milk : beyond that they have to provide and cook
their own food ; under the double-hinding system single men are hired along with their parents on a joint
contract, and reside together with them in the farm cottages.
1115. (a) The Kitchen System. — This obtains generally upon the smaller farms, and is simply a
slight development of an old custom where the farmer and his servants all sat down to meals at the same
table. On some of the smaller farms the custom still obtains, and the young man may be given a bedroom
in the farmhouse. Generally, however, sleeping accommodation is provided for him either in a part
of the steading that has been converted into a " chaumer," as it is called, or in a small separate building
erected or adapted for the purpose. Cases are still to be found where the sleeping acc(5mmodation is in
the stable-loft, a part of which is divided off by a rough partition from the hay-loft, and the entrance to
it by a steep stair or ladder, often through a trap-door. No fireplace or furnishing of any kind is given
to these apartments, and they arc cheerless, disagreeable places. Fortunately, these are disappearing,
and chambers built for the purpose are taking their place. These may be part of the steading or a separate
building near the stable. They are substantially built stone-and-lime structures, with slate-roofs, and
sufficiently lit. The walls are generally lined with wood half-way up, and the rest of the walls plastered
on the stone. The floors are cement or stone flags, and fixed-in wooden beds are provided. The furnish-
ing is the barest possible. A table may be provided and some strong chairs or a form or bench, but the
men have often to make their wooden chests, in which they keep their clothes, etc., serve for seats. A
few nails driven into the walls serve for clothes pegs, but the wall space is frequently required for hanging
harness. (Esslemont, 31,340; M'Harrie. 28,385: Anthony, 32,313; Wintrup, 13,197; M'Kerrow,
29,976 ; Rothney, 31,875.)
1116. The whole aspect of the place, even where the building has recently been erected, is bare and
cheerless, and this is particularly the case where fire is not provided in the " chaumer." In such cases
the men have the right to sit at the kitchen fire until nine o'clock at night. The " chaumer " is simply
a place for shelter and sleeping, but has little in the nature of a home. The necessary attendance is
provided by the farmer, but seldom exceeds a perfunctory sweeping of the floor daily, and the making of
the beds. Two single men in the " chaumer " is a common number ; occasionally more men may be so
housed together. In Aberdeenshire it is not unusual for married men to leave their wives and families
in the villages and hire as single men, living in the " chaumer," and returning for occasional visits or
week-ends to their families.
1117. (6) The Bothy System. — ^Probably no aspect of rural housing has received so much attention
as the bothy, and no system has been so roundly condemned ; yet it survives, little changed from the
days when the first onslaught was made on it about seventy years ago. The worst of the old hovels
have disappeared, but there still remain instances of bothies that are not fit to house animals. Generally
speaking, however, the actual structures of the bothies will compare quite favourably with the cottages.
Where the bothy fails is in the internal arrangements and the social conditions produced by herding young
men together with no proper provision for food or comfort. It combines a maximum of discomfort with
a minimum of civilised conditions.
1118. The older bothies consist of a single room with floor of stone flags or cement, the interior
walls of which are finished and whitewashed in a manner similar to the byres. It provides bare shelter
and no more. The furnishings provided by the farmer are of the very rudest and simplest character ;
beds and bedding, towels, a basin, a kettle and a pot, a few simple articles of crockery, a form or bench,
and sometiiries a few chairs. The men usually have two chests each, one for clothing and one for food, and
these complete the furnishings. Anything more bare and cheerless than the ordinary bothy can hardly
be imagined. (Esslemont, 31,348 el seq.)
1119. In this room the men sleep and make their own meals. The only attendance provided them
by the farmer is a daily visit from the kitchen-maid at the farm, or from a ploughman's wife who is engaged
for the purpose, and who makes the beds and sweeps out the room ; but this is often done very per-
functorily. (Esslemont, 31,317 (4).) In one coimty, Morayshire, the woman who attends to the "bothy
may light the fire in the middle of the forenoon and put on the kettle or boil the potatoes ; but it is
rare that any more help is given. (M'Connachie, 14,301 (21).) The bothy is supposed to have a thorough
clean-out every six months, and the walls are usually lime-washed at the same time. The statement
quoted by one witness that they " were aye muckit oot aince a twal month " is expressive and illuminating.
(Rothney, 31,841 (13).) The same witness said that, even in the best bothy he had seen in Scotland,
a " double-apartment place modemly got-up," the grievance the men had was it was cleaned only once
a week, and " it looked like it." " They saw no reason why they should not have it cleaned once a day,
' the same as the gardeners on the estate got." (31,889.)
1120. In addition to the structural defects and the lack of conveniences which the bothies share
with the cot-houses, not to speak of the discomfort and lack of everj-thing that makes for a home atmo-
sphere, this system of housing single men has disadvantages inherent in it. With the best will in the world
the occupants cannot make their bare room anything more than an uncomfortable shelter. It cannot
be made decently habitable or homelike when it is nobody's business to see that it is cleaned and properly
kept. The men have no time for housekeeping. The fact that all the dirty and wet working clothes have
to be brought into the room, which is at the same time kitchen and bedroom, that no provision is made
for drving clothes, or for proper storage of clothes or other articles, all tend to create a condition of dirt,
disorder, and discomfort. (Graham and Nicoll, 36,297 (11).)
1121. The men, even when they have the ability to cook, have not the time. Cooking can be done
only in the short interval at mid-day or in the evening after a long day's work, and so it becomes a
makeshift, and no proper meals are cooked. (Ferric, 32,232.) Mr Esslemont, a farmer with experience
of more than one county and familiar with the " chaumer " system, informed us that the bothy system
was new to him when he came to Kincardineshire ; that, previously, they had fed the men in the kitchen ;
that they always got a cooked dinner ; that there were girls specially engaged to look after them ; but
that he was very much struck with the food they made for themselves in the bothy
172 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
They bought fish, meat, and tins of fruit, but they were abominable cooks. They had to throw
out a lot of stuff. Sometimes they had not time to cook it again, and they had just to eat it as it
was. I felt that it was not a thing that should have been, but I could not see my way to do other-
wise. I arranged with the grieve's wife to make the best of it by having a good fire on and the kettle
boiling. It may be because it was new to me that it impressed me so strongly. (31,358.)
If the bothy is a large one, there may be as many as six or eight men living in it, and the difiiculties
of decent habitation become thereby intensified. The herding of young men together in a bothy, as
elsewhere, does not tend to develop the best in the men's character. Several witnesses have spoken
strongly as to the pernicious effect of this system on the character of a young man, by ruining all the finer
instincts which are innate in him. (Esslemont, 31,355 ; M'Connachie, 14,301 (21).)
1122. We visited bothies ia several covmties, and found great differences as to structure and main-
tenance. Where the farmer took an interest in the keeping of the bothy, the best was being made of what
is at best an unsatisfactory method of housing. In too many, however, there was evidence that the
farmers believed their duty had been done when a room was provided, and the conditions were depressing
in the extreme. The beds usually provided consisted of wooden frames, with a chaff mattress, enclosed
iu a wooden frame, which did not permit of proper ventilation of the bedding. Dirty clothes were to
be found lying about anywhere, and a row of dirty socks drying on a string across the fire was a common
decoration. The evidence of neglect in the cleaning of the room was most noticeable in the heaps of ashes
which spread from the fireplace into the room. The floors bore little evidence of ever being washed or
scrubbed, and dirty pots and dishes were lying about in disorder.
1123. That an improvement can be effected at the expense of a little thought and trouble is shown
by some of the more modem bothies, where there may be two rooms, both of which are used for sleeping
purposes, the latter of the two serving also as kitchen. (Rothney, 31,566).
1124. In several districts, notably in Morayshire, bothies have been built consisting of a sitting-
room, which is used as kitchen, and a cubicle for each man. This type of bothy, which is a great
improvement on the old single room or hovel in the steading, is unfortunately not very common.
(Fen wick, 31,729). The evidence is practically unanimous that the bothy system in any form is radically
bad and demorahsing to young men. (M'Connachie, 14,301 (21).) Only one witness expressed content-
ment with it, and seemed to think that it was sufficiently good for young men entering farm life.
(Ealston, 30,246.)
1125. (c) The Double-hinding System. — This prevails in the Lothians and Border counties. In the
double-hinding system a father hires with his sons and the family live together. The obvious difficulty
in this is the want of accommodation in the cottages, but one witness who has experience says it is pre-
ferable to the bothy. (Dobbie, 30,890).
Housing op Women Farm- Workers.
1126. Women who are employed on the farms as kitchen-maids or dairymaids are lodged in the
farmhouses and boarded by the farmers. In the Lothians and Borders, and to a less extent in some of
the other counties, women are employed in outdoor work, but they are generally members of the plough-
men's families and reside with their parents. Occasionally widows may be engaged and a cottage
provided for them.
Shortage.
1127. While there is general agreement as to the lack of sufficient houses of a reasonable standard
for farm-servants, there is practically no evidence of a statistical nature to show the shortage of houses
of any kind in the rural areas in Scotland. A very complete survey would have to be conducted, having
reference to the agricultural conditions prevailing in each area, before this could be ascei-tained. In the
coimties on the east and south of the Forth there would appear to be a sufficiency of houses, and in
some districts even a surplus. In the coiuity of Haddington the Sanitary Inspector gave us figures to
show that 15 per cent, of the farm cottages were unoccupied. (Reid, 3178 (7).) It would be wrong,
however, to take these figures, and indeed any figures as to unoccupied houses, at their face value.
Owing to the changes in farming and the laying down of land to grass, cottages on particular farms may
no longer be required, but they may be in situations that make them quite unsuitable to supplement
the demands in the same county where a shortage exists. (Dobbie, 30,839 (11).) In this connection
the figures given by a witness for a parish in Kincardineshire show that, out of a total of 42 farm cottages,
5 are used for other purposes than housing farm-workers and 7 are unoccupied, while at the same time
6 farm-workers are accommodated in houses other than farm cottages, and the witness was strongly of
opinion that there was a serious shortage of houses for married men. More than half the men employed
on farms in this parish were lodged in bothies. (Cargill, 31,610 (3 to 5).)
1128. The general trend of the evidence we received was that there was a shortage of houses for
the married men, and that, even where the shortage was not acute, it was desirable that the number of
houses for family occupation should be increased. (Douglas, 2586 ; representative of the Association
of County Councils of Scotland, 27,796 (38).)
1129. In the counties on the north-east, ranging from Elgin to Fife, there was practically imanimity
as to an acute shortage (Fenwick, 31,725 ; M'Connachie, 14,305-6 ; Esslemont, 31,319 ; Duff, 31,756
(2) (15) ; Christie, 28,857 ; Cobban, 29,088 (6) ; Cargill, 31,610 (3 to 5), 31,687 ; Soutar, 30,711,
30,745-8 ; Ferric, 32,250), and in the county of Ayr (Middleton, 30,059 (3), 30,078-85). In these
counties the proportion of single men employed is large, in many districts in the north-east the propor-
tion of single men to married men being as high as 3 to 1. While it may safely be reckoned that the
number of single men engaged in the districts where small farms are the rule will always tend to be
larger, we are convinced that the lack of housing accommodation in these counties has had a great deal
REPORT. 173
to do with the employment of single men, and that the provision of cottages would do a great deal to
help to induce men to settle on the land, and lead to a more stable agricultural population.
Rural Depopulation.
1130. This leads us to a consideration of the question how far the housing conditions in rural districts
have been a cause of rural depopulation. Some witnesses held the opinion that the lack of proper
housing facilities was the principal cause of rural depopulation. (Ramage, 32,725 ; M'Connachie,
14,305-8.) Others were quite as positive that depopulation was not in any way due to unsuitable
housing. (Ralston, 30,187 (22) ; Swan, 31,451.) Most of the witnesses, however, were inchned to
think that it had an effect on the drift of workers from agriculture, and the general opinion was that,
while it could not be said to be the principal cause, it was a considerable factor. (Douglas, 2582 ;
Middleton, 30,108 ; Cargill, 31,625 ; Esslemont, 31,326.)
1131. It is difficult to estimate the effect of the housing conditions on depopulation, since there is
nothing to guide us except expressions of opinion. As to the effect of actual shortage, we think there
can be no doubt but that there is here a prime cause of depopulation, and in this connection the ex-
pressions of opinion by the members of the Chamber of Agriculture, who are all farmers or landlords,
is important. (Douglas, 2586, and Appendix X.) Where, because of this shortage, the number of
single men employed has to be greater, only a proportion of them can marry and settle down in the
country, however willing they may be to do so. This means that the greater number of them have to
look elsewhere for the future, and the prevailing sentiment in the district is such as to lead to general
unsettlement and to create a desire to get away. Where, too, the demand for married men is less, they
cannot command the same wages as the single men, and this in itself tends to lead the single men to look
elsewhere for employment if they mean to settle down. It is significant, also, that emigration makes its
strongest appeal to the men in the districts where the shortage of houses for married workers is greatest
(Rothney, 31,923). and that in the counties where houses are more plentiful fewer workers go abroad
(Logan, 30,322).
1132. Depopulation has been going on, however, in the coimties where the actual shortage of
houses has not been acute, and in these coimties it is much more difficult to assess the effect of the
housing conditions in this direction. Various causes are assigned : the desire to keep the family
together, and tx) provide better facilities for education and for such openings in other directions as the
country docs not afford ; the earnings and conditions of labour on the farms ; the greater attraction of
social life in the towns, and the dulness and monotony of rural life. These causes have operated to
accentuate the depopulation caused by the laying down of land to grass, the introduction of labour-
saving machinery, and the concentration of manufacturing industries in the larger centres. A reduction
in the rural population was inevitable ; but it is admitted that in Scotland it has gone so far that farmers
cannot now secure the quantity or quahty of labour they desire, and that a continuance of this reduction
will seriously jeopardise the industry of agriculture.
1133. An improvement in housing conditions alone would do something to help to stem this drift,
but would not be sufficient. We are inclined to think, however, that it would be an important factor,
and that housing conditions have entered more largely into the other causes indicated than would appear
on the surface. More commodious and better-equipped houses would tend to keep the family together
longer, and would lead to more of the houses being considered homes, instead of merely temporary
dwellings in the migrations from farm to farm. The desire of the women to get to towns is probably
greater than the desire of the men. It can be understood from the descriptions already given how
hardly present conditions of housing bear on the women. The houses, too, in the agricultural industry
are much more intimately bound up with the general conditions of employment, as we have already
indicated, and where so many are unsatisfactory they are bound to be a source of friction between
employer and employed, to increase the prevailing unsettlement, to add to the unattractive conditions
of farm service and to create a general dissatisfaction with rural industrial life. A man cannot easily
make a home where so many of the requisites of a clean and comfortable home are absent ; where
elementary provision for the major decencies is conspicuous by its rarity ; where a plentiful water-supply
is considered not a commonplace but a luxury ; where the provision of a bath is regarded as an ideal ;
where the house is a " tied " house from which the inmates may be ejected at a moment's notice for the
most trivial of reasons, and where, by the conditions of engagement, the labour still suffers from the
traditions of servile labour and is governed throughout, not by the conception of a free contract of
service, but by the least progressive form of the master-and-servant relationship. Add to this that, in
the country, the house must always be a more important factor in the social life of the people than it is
in the towns, where the fuller life flowing from the richer social environment can be expanded by public
provision for the occupation of those periods of relaxation and leisure that are essential to the whole-
some growth of every community. On such grounds as these we base the strong opinion that as a first
step in a better social life the provision of adequate housing is a primary necessity if we are to retain
the workers in agriculture.
Causes op Present Conditions of Housing.
1134. We have touched incidentally on certain of the causes operating to produce the present un-
satisfactory condition of houses for agricultural workers ; but it may be well to deal more fully with these
here. In the counties where there is an actual shortage of houses improvements in agriculture were
later in being effected, and much of the land was brought in at a later date than was the case in the
southern counties. Smaller farms persisted until a later date, and to-day there is a much larger pro-
portion of small than of large farms in the counties where the shortage is greatest. The old custom of
hiring single men who were boarded and lodged by the farmer was continued, and the existence of
weaving villages and small towns provided a source of supply for this class of labour, while there were
no other large industries competing for the labour. As the crofts and smaller farms were absorbed — and
the process was a gradual one, continuing to the present time, — the old houses were found unsuitable or
174 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
were allowed to fall to ruin. As the farms increased in size, the practice of boarding the men became
troublesome, and bothies were resorted to as the cheapest way of housing the men required. When it is
realised that from fo^ir to eight men can be housed at a cost of building no greater than that required
for the housing of a married man, the temptation to this form of housing can be understood. On the
larger farms in Fife, Perth, Forfar, Kincardine, and Morayshire the bothy system prevails, while in
Kincardine, Aberdeen, and Banff smaller farms are the rule and the kitchen system prevails.
1135. A proportion of the men were always housed in cottages or lived on small crofts (pendicles, as
they are called in Forfarshire), and hired to the farmers as married men. So long as there was a plentiful
supply of young men no great difficulty was found in securing the necessary labour supply, and the intro-
duction of labour-saving machinery and the decrease of cultivation, although comparatively less in those
counties than elsewhere, all tended to postpone the time when the difficulty would become acute. The
depopulation of the villages and small towns, and the increase in emigration, have now so reduced the
number of families from which the single men can be obtained that the farmers are not now able to get
the class or the quantity of labour they desire, and so for farm-workers in those districts there has come
to be an increasing demand for cottages. It is becoming evident that even the supply of single men is
dependent on the supply of cottages, and the shortage is now being acutely felt.
1136. Further, the general causes that have produced the shortage of satisfactory houses all over
Scotland are being felt in the counties referred to. These causes are to be foimd in the position of agri-
culture during the last quarter of the nineteenth century. The fall in the prices of grain in the years
after the boom period of the seventies left the landlords unable or unwilling to maintain or increase
capital expenditure on their estates. Landlords received a decreasing return in the form of rent from
agricultural subjects, and saw no prospect of return from any expenditure they made on cottage building.
Farmers could not press for capital expenditure at the time when they were endeavouring to secure
abatements in their rent, and they were generally, as we have explained, too occupied in trying to secure
the necessary repairs and renewals for their steadings to be able or willing to press any claims for im-
proved housing.
1137. At the same time, no great pressure was exerted upon either farmers or landlords by the farm-
servants. They had been accustomed to the low standard of housing which had been general in rural
districts. The conditions of farm service, with the fixed time for making contracts and the frequent
changes and migration, blunt the edge of demand. The dual responsibility of landlord and farmer, which
has already been referred to, make effective pressure difficult. But the principal causes of the weakness
on the side of demand for better houses was that the farm-servant found that his easiest way of escape
from unsatisfactory conditions was to leave the occupation and go elsewhere. He found plenty of
demand for his labour in the towns, and in the other great industries where his country rearing and better
physique gave him an advantage in competition with the men in the towns. (Middleton, 30,059 (13).)
1138. So long as the land under cultivation was decreasing, and fewer men were required, the worst
of the houses could be allowed to fall out of use and the best of them could be maintained at less cost.
There was not the same demand for the building of new houses to replace those that had become too
decayed and uninhabitable. But in recent years staffs of farms had been reduced to a minimum. Mean-
while there was a rising standard in housing, and that at a time when the natural wear and tear of the houses
was rendering their period of occupation a matter of a few years. On many of the estates considerable
outlays had been made, mostly on renovations ; but in several instances a considerable amoimt of rebuild-
ing had taken place. (M'Harrie, 27,472, 28,332 ; Smith, 28,536 ; Graham, 29,583 (1 to 5) ; Milne Home,
29,842 (38).) But rebuilding has not been general. Of this the evidence is to be found in the fact that a
large number of unsatisfactory houses, lacking in the essentials of sanitary equipment, are to be found
in every county in Scotland.
1139. Another factor of which account has to be taken is the cost of erecting cottages for some years
prior to the outbreak of war. We had a good deal of evidence submitted to us as to the cost of building,
and, while it varied greatly according to the district, it was evident that, including the cost of cartage
and architect's fee, it was rarelv possible to erect a cottage of three apartments at less than £200. (Milne
Home, 29,842 (20) ; M'Caig, "'30,571 ; M'Garva, 15,777 ; M'Harrie, 28,325 (5) ; Fenwick, 31,692 (7) ;
Ferrie, 32,197 (11).) In Aberdeenshire rates were rather lower, houses with three large rooms being
erected at £116 (Duff, 31,782), and four rooms at £143. (Cobban, 29,088 (1).) It should be kept in view
that the costs above mentioned probably do not include the auxiliary modern conveniences and
accommodation which it is to be hoped will have their place in modern houses in the future. It is
interesting to compare with the figures just given, the estimates for building houses in 1834, given by the
architect who received the premium from the Highland and Agricultural Society for his essay and plans
for the improvement of farm cottages. He gives a plan of a double cottage, with kitchen 16 feet by
13 feet, and room 14 feet by 12 feet, with porch, scullery, pantry, cellar, and privy on the ground floor,
and a bedroom 14 feet by 12 feet in the attic — the cost being £80 per cottage, without cartages.
(Smith on the Construction of Cottages. Blackie & Son, 1834.)
1140. It must be evident that, where a cottage has to be replaced, the increased cost weighs very
considerably with the proprietor. The existing houses are generally entered in the valuation roll at £4
per annum, and most of them were probably erected at an original cost for which this figure would be a fair
valuation. For such renewals, during a tenancy, the landlord gets no increased rent. Where an increase
in the number of houses is required, the farmer may agree to pay an increase on the farm rent for such
houses, and that may be fixed at the rate of interest, or perhaps at the conventional figure of £4 per annum,
or less. (Duff, 31,756 (9) ; Middleton, 30,059 (7).).
1141. There was general agreement amongst the witnesses best qualified to speak for landowners,
that one difficulty in the way of improving the houses that are unsuitable, or in replacing them, or in biiild-
ing more houses where a shortage exists, is to be found in the lack of capital on the part of the proprietors.
(Douglas, 2572.) Many of the estates are in the hands of trustees or are heavily bonded. (Cargill,
31,675 ; Ferrie, 32,201 ; Smith, 32,897 ; Kose, 15,576.) Where this is the case, it is difficult for the
proprietors, even if they desire to improve the housing, to borrow money. Land does not attract lenders
as it once did, and such estates ffnd it difficult to raise sums necessary for capital expenditure. Even
REPORT. 175
where the estate is comparatively free of mortgages or other burdens, the rate of interest before the war
meant a rent charge of 6 to 7 per cent., and from what we have said as to the impossibility of getting
any increased rent from the new houses provided, this charge is a sufficient deterrent. (M'Kay, 15,665
(23)-)
1142. Even on estates that are not in an impoverished condition, the capital charges have been
increasing in recent years. The normal costs of equipment and management are increasing, and represent
a considerable proportion of the annual rent. (Milne Home, 29,842 (37), 29,924 ; Ralston, 30,187
(36, 37, 38) ; Duff, 31,804.) In view of the condition of agriculture for the past thirty years, the landlords,
in evidence, state they have not felt sufficient confidence to justify them in spending further capital on
their estates.
1143. It has also been represented to us that landlords have been deterred in recent years from
capital expenditure because of legislative enactments that, in their view, have produced an increased
feeling of insecurity. We do not discuss whether or not this view is well founded, as no definite evidence
of the effect of legislation was laid before us, and in any case, the legislation referred to was of so recent
a date that its effect on cottage building could not be judged ; but the opinion was stated by several
witnesses as a cause of the reluctance of landlords to incm' capital expenditure. (Constable, 29,316 et seq. ;
Douglas, 2596.)
Proposals for Improvement.
1144. There was agreement amongst the witnesses who appeared before us, whether representing
landlords, farmers, farm-servants, or public officials, that the present condition of farm cottages was
generally unsatisfactory, and that there was need for drastic improvement in the majority of the houses
at present existing. On this point most witnesses were agreed, although naturally there were differences
of opinion as to the causes of the present state of affairs, and as to the means by which improvements
were to be effected. Most persons interested in agriculture realise the important part that housing
conditions play in the industry, and the need for making housing conditions more attractive, if the
workers are to be retained on the land.
1 145. Many of the proposals we make for dealing with housing generally apply to rural conditions ;
but there are several aspects of the problem peculiar to farming conditions as they exist in Scotland.
We believe that farm-servants are entitled, as other workers are, — not to houses that just escape condem-
nation as " dangerous or injurious to health," but to dwellings that are of the standard of good houses
in respect of structure, accommodation, and equipment. It may be difficult to prove that an individual
damp house is dangerous or injurious to health, but it ought not to be difficult to create a standard by
which damp houses could be determined to be unsuitable dwellings ? Every site should be so drained
that the surface water shall be carried away from the dwelling, and provision should be made for rones,
and for proper disposal of the water from the roofs and walls. Clay or earth floors should not be per-
mitted, and under-fioor ventilation should be provided. The finishing of the internal walls, so as to
provide a comfortable dwelling, ought to be obligatory, and proper storage accommodation shoidd be
provided.
1146. In respect of these necessary conditions of a reasonable dwelling-place, many farm cottages
are particularly deficient. It is, however, in the provision of sanitary conveniences and proper water-
supply and scullery accommodation that farm cottages are notoriously defective. We are strongly
of opinion that the provision of water-supplies is the most essential requisite for the satisfactory improve-
ment of rural dwellings, and we make proposals elsewhere for dealing with this problem on comprehensive
lines.
1147. There was a conflict of evidence as to whether it was desirable to insist on water-closets being
provided for farm cottages, and in view of the difficulty in many cases of disposing of the sewage,
we are of opinion that it would be imwise to insist on such being provided universally. We are strongly
of opinion, however, that every cottage should be provided with a properly equipped water-closet or privy,
and that the present disgraceful conditions should be ended at the earliest possible moment. There is
nothing in the situation or character of a farm cottage that can justify the present state of affairs, which,
in the interest of health and decency alike, has been allowed to continue too long.
1148. We heard a good deal of evidence as to the necessity or otherwise of providing baths for
farm-workers' houses. Where so little had been done in the way of making such provision, most of the
evidence submitted was merely of the nature of opinions without any basis of fact on which to found.
The witnesses representing farm-servants stated that there was a demand amongst the men for such
firovision being made. (Hamilton, 36,182 ; Ramage, 32,718 ; Rothney, 31,959 ; Paxton, 32,848.)
n the evidence submitted to us by the witnesses who had experience of cases where baths had been
provided, it was brought out that the baths were regularly used, were much appreciated by the occupiers,
and were of particular value where there were young families. (Johnstone Douglas, 2390 ; Tweedie,
13,474 ; Wintrup, 13,206.)
We make recommendations elsewhere as to provision of baths in houses.
Public Health Staffs,
1149. So far we have been dealing with the minimum requirements of a good house which should
be made applicable to all farm cottages at present in existence. The responsibility for seeing that the
houses are brought up to this standard and are maintained at it should be placed in the first instance
on the Local Authority. That carries with it the necessity for an increase in the staff of the Public
Health Departments in county areas if the work is to be overtaken in a reasonable period of time. At
present the staffs are not sufficient for such work, and it will be necessary to increase these staffs if any
forward movement is to be inaugurated in rural areas. A very complete and detailed survey of farm
cottages will have to be undertaken, and the present staffs are not sufficient for this purpose.
176 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Responsibility of Landlord.
1150. A furtlier difficulty peculiar to farm cottages emerges at this point. We have already referred
to the efEect of the dual responsibility for the maintenance of farm cottages. The landlord is responsible
for the structure and the tenant (the farmer) is generally held bound by his lease for maintenance during
the lease. The system has not worked satisfactorily. (Wintrup, 13,310 ; Smith, 28,539 ; Graham,
25,591; Ralston, 30,193; Barrie, 28,740.) Sanitary , inspectors find that the divided responsibility
leads to difficulty and delay in getting their requirements attended to, and landlords allege that the
fanners do not carry out the stipulations of the leases. The farm-servants state that the difficulty of
getting the responsibility fixed is so great that they have become indifferent to pressing for the repairs
necessary. (Anthony, 32,351 ; Hamilton, 36,169 ; Ramage, 32,703.) They can exert pressure only
on the farmer, who is their employer and responsible to them, while the sanitary inspector can deal only
with the proprietor of the house.
The result of this system is that the condition of the houses can come up for efEective dealing only
at the commencement of a lease, and the party who makes the bargain for any alterations in the houses
is not the occupier but the farmer. The farmers are only indirectly interested in the condition of the
cottages, and unless these are so unsatisfactory as to imperil his prospect of getting workers, it is rarely
that he raises any question as to the condition of the cottages or makes any demand on the estate for
expenditure upon them. Where a low standard is general, as is the case in farm cottages, this danger
does not emerge in an acute form, and consequently it is rare for farmers to make any demands. Several
witnesses went so far as to say that they had never heard farmers make demands of this nature. (Win-
trup, 13,375 ; Graham, 29,592 ; Johnstone Douglas, 2417.) It is contended on behalf of the farmers
that they are handicapped in pressing for necessary expenditure on cottages or housing as they cannot
make too many demands on the estate at the setting of a lease ; their direct requirements for the
business side of the farm are usually sufficiently great, and they cannot afford to increase them.
(M'Kerrow, 29,964.)
1151. From the point of view of housing alone, and without considering the effect on the economy
of farming conditions in Scotland, it would be better if the occupiers, the farm-servants, were to enter
into direct relations with the proprietors of the cottages, and this was urged by the representatives of
the farm-servants and by one farmer. (Esslemont, 31,386 ; Hamilton, 36,187 ; Ogilvie, 34,991 ;
Ramage, 32,695 ; Rothney, 31,946.) This, however, is a question of the conditions of employment,
and not strictly within the range of our remit. We are, however, of the opinion that the statutory
responsibility for the proper maintenance of the cottages on the farms should be placed upon the pro-
prietors, and that the Local Authority should be empowered to require that the houses provided by the
proprietors satisfy the necessary minimum of accommodation and conditions indicated in this Report,
and are maintained in satisfactory condition, and that it should not be legal for the proprietor to
contract himself (by lease or otherwise) out of this responsibility. This would enable the authorities
to carry out their statutory duties and to effect the statutory remedies with the least possible difficulty
and delay. If such a statutory responsibility were placed upon the proprietor, the farmer in negotiating
a lease should have no hesitation in stipulating for adequate accommodation for his workers.
Financial Considerations.
1152. So far we have been dealing with the question of the improvement of existing cottages that
are deficient, and with the proper maintenance of existing houses, and it may be convenient to deal, at this
point, with the financial difficulty. It has been represented to us by those best qualified to speak that
the defective cottages are mostly to be found on impoverished estates, and that is borne out by the
evidence. (Esslemont, 31,389 ; Elder, 30,402 ; Douglas, 2587 ; Cargill, 31,675.) If the standard of
housing is raised, as we recommend it should be — and the general desire amongst all classes interested
in agriculture for such an improved standard has been strongly represented to us — the difficulties, in
view of the increased outgoings of recent years, are likely to be felt by many estates. Most of the
witnesses representing the landowning or farming interest suggested that the only way in which such
improvements could be secured would be for the State to advance money on loan at a low rate of interest
for such purposes. (Duff, 31,805 ; Elder, 30,519 ; Logan, 30,385.) The same suggestion was made
for enabling estates in financial straits to increase the number of cottages where a shortage exists, but
it will be more convenient to discuss that proposal separately as the cases are not quite analogous.
1153. Where houses exist and the condition of these houses is unsatisfactory, we recommend
that the Local Authority should have the statutory duty laid upon it to bring these houses up to the
standard of good houses we have specified. The Local Authority will proceed in the ordinary way to
serve notice upon the proprietors to have the necessary repairs and alterations effected, or, faihng this,
the occupation of the house will be prohibited, just as happens at present in the case of a house that
is declared dangerous or injurious to health. But in cases where the house is capable of being brought
up to the required standard of habitability, and the expenditure in so doing would be economic, and
the proprietor is unable to find the capital necessary, it would be iagainst the public interest to have such
a house closed and the workers driven off the land. In such a case the Local Authority should be
empowered to advance the sum necessary for any approved expenditure, and to recover the capital and
interest by an assessment on the proprietor sufficient to cover the cost. The Local Authority could
arrange the terms, and spread the payments over a number of years to suit the circumstances in each
case. The terms should be arranged so that no loss falls on the Local Authority or the Exchequer.
If the proprietor failed to avail himself of the assistance offered, the house would have to be closed,
and if this led to a shortage of housing in the district, the Local Authority would require to provide the
houses necessar)% as we propose later in cases where a shortage of housing exists.
1154. It was chiefly as a means of enabling landlords to meet the admitted shortage of cottages
for married farm-servants that the proposal of State loans was made, although, as we have indicated,
it was also suggested as a way of providing for the improvement of existing houses. This proposal
REPORT. 177
was strongly urged by practically all the witnesses representing the landowning interest, and certain
representatives of farmers. Local Authorities and other organisations supported it. (DufE, 31,756 (15) ;
Elder, 30,405 ; Milne Home, 29,842 (21) ; Rodger, 29,693 (15) ; Smith, 32,895 ; Association of County
Councils, 27,903 ; Douglas, 2576.) Suggestions were made that loans should be granted by the
State, acting through Local Authorities, at a charge of 4 per cent, per annum to cover capital
and interest, spread over a period of fifty years, the loan to be a first charge on the estate. The
reasons advanced in support of this proposal were that the provision of houses might be beyond the
financial resources of estates where housing deficiencies exist ; that it is in the public interest that the
houses should be provided ; that the landlords have always provided the houses and are best able to
do the work efficiently ; and that it is undesirable that the system by which the estate equips and
maintains the houses on the farms should be departed from. It was further contended that unless such
assistance were given at a low rate of interest, proprietors would be unable to provide the houses, as the
cost of building rendered the raising of money in the open market at ordinary rates of interest
prohibitive.
1155. Although this suggestion that State aid should be given at a low rate of interest which would
not be remunerative to the State (M'Kay, 15,721 ; representatives of the Association of County Councils
in Scotland, 27,796 (48)) was made in several other instances, the demand came principally from the
witnesses representing the landowning interest, and was advocated in view of the special position of
agriculture in recent years. Analogy was drawn between the assistance given to smallholders under
the Small Holdings Act, and the proposal we are discussing ; but it seems to us that there is a difference,
from the public point of view, between assistance given to an individual to assist him in erecting his
own house, especially in a case where the State has decided that it is in the public interest to encourage
smallholders, and assistance given to a landowner to enable him to equip his estate as a revenue-pro-
ducing asset. In the first case, the assistance is given direct to the individuals because the State wishes
to encourage such smallholders in the public interest ; in the second case, the assistance would be given
from pubhc funds, at a loss to the public, to enable a proprietor to maintain the equipment of
his estate and so the revenue therefrom. It would be in the nature of a special subsidy to a particular
business interest, and would be given to an individual whose inability or unwillingness has created the
problem we are dealing with.
1156. The plea, too, that the position of the agricultural industry at the present time justifies such
special treatment would imply that the difficulty is merely a temporary one, and that the subsidy asked
would not be a permanent subsidy to the landlord, but would cease when the present difficulties were
overtaken. Such a contention does not accord with the known facts. The housing of farm-servants
in Scotland has always been unsatisfactory, and, even in the days before the agricultural depression set
in, conditions were worse than they are to-day. In the essay on the " Construction of Farm Cottages,"
which received the premium from the Highland and Agricultural Society in 1834, the writer says :—
From the very fact of the Highland Society having found it advisable to hold out premiums,
as an inducement for the improvement of this class of houses, it is but too evident that they have
until now been neglected. (Smith on the Construction of Cottages, Blackie & Son, 1834.)
1157. The Directors of the Association for Promoting Improvement in the Dwellings and Domestic
Condition of Agricultural Labourers in Scotland, in their sixth Annual Report in January 1860,
say :—
This Association maintains that a deficiency of decent acconunodation is at the root of many
of the evils complained of in the present relations between master and servant in the rural districts.
(Blackwood & Sons, 1860.)
In the memorandum prepared by the Senior Assistant Commissioner to the Royal Commission on
Labour, 1894, on the Report of the Royal Commission on the Employment of Children, Young Persons,
and Women in Agriculture, 1867 (C. 6894, xxiv., Section II. A, 57 and 59), the following quotation might
almost apply to present conditions : —
Notwithstanding, however, all that has been done of recent years, there is still great room
for improvement, both as to quaUty and quantity of cottage accommodation. As regards the
quality of cottage accommodation, the greatest amount of deficiency is to be found on outlying
portions of large estates and on those smaller estates which have become subject to heavy burdens
under the present system of entails.
The Senior Assistant Commissioner adds : — ■
None of the other Assistant Commissioners speak of farms completely supplied with cottages
for this accommodation of hired labourers, and indeed the general effect of their reports is to indicate
a great deficiency in the number of cottages and the deplorable results which arose from that
deficiency.
These quotations, covering a period of forty years prior to the time of the agricultural depression
which is now given as a reason for the inabihty of the landowners to provide the necessary housing
accommodation, show that the estates have never properly equipped the farms with sufficient houses
of a reasonable standard either as to quantity or quality. Hence the claim that agriculture is in a
pecuhar position to-day, and that special assistance should be given to enable the proprietors to erect
houses, is not one that can be defended by a reference to the known facts.
1158. Nor is there anything to show that the inability of the landlords is due to the present position
of agriculture. A good deal of evidence was laid before us to show that estates were impoverished or
burdened, but the causes of the impoverishment, or the purposes for which the burdens were laid upon
the estates were not declared. (Esslemont, 31,412 ; Elder, 30,515 ; M'Kay, 15,753.) If it could be
shown that the estates were in difficulties because the returns to the landowners were not sufficient to
enable them to meet the charges for capital expenditure in the maintenance of the estates, there might
12
178 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
be a stronger claim for such special treatment ; but we have no reason to believe that the impoverished
estates are in difficulty for this reason alone, and it would seem to us essential that that should be proved
before the claim for such a subsidy could be considered.
11.59. If the State were to grant loans to landlords at a, low rate of interest to build cottages on their
farms, conditions would have to be laid down requiring proof of financial inabihty of the landlord to
provide the houses, and to prevent the landlord increasing rent. Other restrictive conditions would
probably be found necessary. We do not therefore think that the policy suggested contains much promise
of fulfilment of the purpose in view, namely, the improvement of the houses of the workers, the only
gi'ound on which State assistance can be defended.
1160. There is the further and fundamental difficulty that the offer of loans to the landlords would
not of itself ensure that the necessary houses would be built. In the case of proprietors whose estates
were heavily burdened, they would be very reluctant to impose further burdens and charges upon their
estates, and accordingly the estates which were probably most in need of new housing would be the least
likely to benefit by this policy. If any landlord preferred not to incur any burden for housing, on the
terms laid down by the State, it could not be made compulsory that he should accept the loan offered.
Accordingly, from the practical point of view, as well as on the ground of pubhc policy, we cannot re-
commend the granting of such loans.
1161. We recommend that the Local Authorities in rural areas should — with State assistance —
have the statutory duty laid upon them of making or securing provision of a sufficiency of houses of
a proper standard for the workers required in any district — -if proprietors or others fail to do so. If
the Local Authority should decide that there is a shortage of houses of a proper standard, opportunity
should be given to the proprietors of agricultural estates, or any other persons, to provide the necessary
houses ; but, where the proprietors or other private persons fail to provide the requisite houses, the Local
Authority shall build such houses and let them to tenants. Where the Local Authority decide to build
houses, they should be entitled to acquire compulsorily, either by feu or purchase, the land necessary
for sites.
1162. Objection was taken by several witnesses representing farmers and landowners to the houses
for farm- workers being built by Local Authorities, on the grounds that farmers who employed men living
in such houses would have no control over the houses, and might be prejudiced in their dealings with
such employees ; that the men living in such houses would be independent of their control, and that it
would seriously interfere with the working of the farm if the men were able to continue to reside in the
houses although no longer employed on the farm. The witnesses representing the farm-servants urged
quite as strongly that they ought not to be required to remove their dwellings every time they changed
their employment.
1163. We believe that the difficulty from the farmers' standpoint has been over-emphasised. It
is not suggested that the whole of the houses should be taken over by the Local Authorities, nor do we
think that the whole of the houses required to reduce the shortage will be built by Local Authorities.
The opportunity will first be provided for the proprietors to build the houses, and the conditions on which
they will be occupied will be left to be decided by the conditions of engagement as at present. If the
farmers do not wish to have houses that are independent of their control, it will be to their interest to
bring pressure on the landowner to provide the necessary accommodation. The Local Authority wiU
step in only when the other parties interested have failed to meet the need. In any event, we cannot
believe that public sentiment will permit of public funds being used to erect houses whose occupation
shall be in the absolute control of the employer. The public interest is served when proper housing for
the workers is provided ; but it cannot be expected to expend public funds in safeguarding an employer
against a risk that every employer has to undertake, and against which he provides in the ordinary course
of his dealings with his workpeople. Further, if there is a sufficiency of proper housing accommodation
in every district, as we propose there should be, the farmer will have no difficulty in getting labour sub-
stitutes for men leaving him. There will, in a word, be sufficient houses in a district for the labour require-
ments of the district. It is also only reasonable that the Local Authority will arrange the tenure of houses
to suit the conditions of employment, and, in any case, in the interests both of landlord and tenant, the
houses will be given on short lets, so that if a man in a particular district ceases to be employed he may be
able to remove to another house in a reasonably short time. If there should be any intention on the
part of a tenant to hold up a house and so prevent it being occupied by a worker necessary for the district,
the Local Authority are not likely to allow him to stay on indefinitely in their house. The Local
Authority will not, by their own action, contribute to a shortage of houses which they will be responsible
for making good imder our proposals.
1164. We believe that much could be done to help to make rural life more attractive if Public Authori-
ties would endeavour, where they find it necessary to build houses, to build these, as far as practicable,
in groups or small villages. The increase of such small communities would do a great deal to stimulate
the social life which is so lacking for farm-workers, and which is a potent cause of the drift to the towns.
In many districts such groups could be made to serve the needs of several farms, and would enable yovmg
people to secure employment without the necessity of leaving their own homes. There would not be
the same necessity for men removing their homes every time they changed employment. This would
tend to a more settled population, and that is most desirable if we hope to build up a rural population.
This system is common in England, and it was pressed upon us by several witnesses.
1165. On the other hand, it was contended that the system would not suit Scottish farming condi-
tions. We think that the truth Ues between these two points of view, and that it would be well to experi-
ment with the proposal. We believe that conditions of farm service that are capable of change, and are
changing rapidly, would adjust themselves to the new mode where the experiments were made. We do
not suggest that all houses erected by Local Authorities should be built on this plan. The Local Authori-
ties, who would have the requisite local knowledge, would be able to decide what was required in any
district ; but we do urge that the problem should be faced with an .open mind to fresh suggestions, and
that it should not be taken for granted that we must slavishly follow methods simply because they happen
to have been found suitable under conditions that no longer obtain. We would also suggest that Local
REPORT. 179
Authorities should experiment with the creation of holdings such as a ploughman could properly cultivate
in his spare time, or with the aid of his family, and upon which he could keep a pig and poultry. We are
not advocating here small holdings in the ordinary sense, but something of the nature of allotments
attached to the dwelling-house, extending to half an acre or an acre. There is always a demand for such
holdings. They attract the best type of men, and help to create links to retain them in a more settled
occupation.
Housing of Single Men.
1166. We are hopeful that a vigorous pohcy of improvement of existing houses, and the provision
of more cottages, will do much to ease the problem of housing of single men. The best home for a young
lad or girl is that provided by the parents, and the provision of more commodious cottages would do a
great deal to secure that such a home was available for the young people. Alike in the interest of their
education, which in the future is likely to be continued to a later age, and to secure the best atmosphere
in which the future citizens will be trained, every effort should be made to encourage the young folks to
retain their home influences longer than they can do at present in the districts where the bothy and kitchen
systems play such a large part in the life of the agricultural community. There will always be cases,
however, where the young men and women require to leave their homes in search of training or employ-
ment, and it is essential that the conditions under which they are housed should be improved.
1167. Bothies. — Some witnesses urged that the bothy system should be abolished entirely (Macon-
nachie, 14,342), and practically all were in favour of the system being reduced as far as practicable.
Some witnesses advocated the kitchen system for young men in preference to the bothy, but the evidence
from the bothy districts was that the young men preferred the bothy to the kitchen, and there is no
doubt that there is less friction with the bothy than with the Icitchen system. The provision of food by
the farmer's wife adds another element of friction. Complaints are frequent, and tend to become a source
of grievance which leads to further unpleasantness in the daily relations of employers and employed,
and there is an increasing reluctance on the part of the farmers' wives, on farms where a few yoimg men
are boarded, to have the men in the kitchen. Often difficulties arise because of the female servants who
have to attend on the men, and in farmhouses the difficulty of getting female domestics is as great as it
is in other households. The men, too, prefer the freedom of the bothy. They like to have their own
house and to be free to come and go as they please, and they are somewhat jealous of any interference.
1168. We do not think that it is practicable to abolish the bothy system entirely, and we think if
a resolute effort were made to improve the conditions, that many of the objections could be removed.
Many of the defects in the bothy system would disappear if the structures were improved and if the
accommodation were better planned, and we shall make proposals later to this end ; but the system itself
could be greatly improved by better regulations and by a better system of attendance. Most of the
witnesses were agreed that the system was at its worst where a large number of men were housed together,
and we believe that the provision of more cottages would remove this cardinal defect. It seems to us
that the limit to be aimed at should be four men in a bothy ; when a larger number share one habitation,
the difficulties are increased in every way. The farmer ought to make provision for better attendance
on the bothy, for more regular and thorough cleaning, for more comfortable furnishing, and the men
should be encouraged to secure assistance in cooking meals. These are matters in which specific regula-
tions cannot be laid down, and any efforts towards an alteration of present methods in this direction
should be judiciously made. We quite reahse that difficulties might be created by many of the men who
have grown up imder the old system and who will not look kindly on any change. The bothy man is
inclined to carry his independence to an extreme point, but we feel confident that if a general effort, is
made to secure an alteration in the direction of more reasonable standards of comfort, the majority
of the men will respond readily. Much of the difficulty in the past has been caused by the fact that
no interest has been taken in the bothies, except in rare instances, and there has grown up a sentiment
that the bothy has been outwith anyone's interest, and the men have never been encouraged to make
more rational arrangements in their dwellings.
1169. The great defect, however, has been that the bothy, in the great majority of cases, could not
be made decently habitable, and it was not expected to be anything else but a human stable. There
seems no reason why bothy life should not be humanised and improved. We reconomend that the same
standards should be applied to bothies as are made applicable to cottages. The structure should, in
every case, be made as satisfactory as that of a cottage, and the accommodation should be on the same
scale. A single room should not be inhabited by more than two persons. If more than two persons
are to be housed, then separate sleeping accommodation should be compulsory, either on the cubicle
system or by the provision of separate bedrooms. The house should be properly finished in the interior
as we propose for cottages, and water should be brought into the house under the same conditions as we
suggest for cottages, and scullery and sanitary accommodation provided. Proper storage accormnoda-
tion should be insisted upon, so that food can be stored and clothes preserved. If this were done the
inmates would have some sense of privacy, and a higher standard of personal conduct would be possible
than rmder present conditions, and we believe this would in itself do much to raise the whole conception
of the bothy above the standard at present prevailing. The first necessity is to provide the conditions
of a tolerable home, and when that is done the provision of arrangements to secure a higher standard
of occupancy will be more easily effected. There is nothing in the nature of the young farm-servant
to justify less reasonable standards of housing in his case than those applied to other people ; he is as
much affected by his surroundings as others are. The age at which he enters the bothy is the most
plastic age, and we cannot be surprised if he should respond readily to the conditions prevailing. We
are confident he would respond as readily to the improved conditions it he had the opportunity.
1170. The Kitchen System. — ^What we have said as to the structure and accommodation of the bothy
applies, with slight modifications, to the sleeping chamber of the men who are boarded by the farmer.
The only difference between the two is that the bothy requires accommodation for storing food, cooking
utensils, and table-ware, and this is not necessary in the chaumer. Here also, however, a single room
should not be habitable by more than two men, and there is the same necessity for a second room, or for
180 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
separate sleeping accommodation where more than two men are to be lodged. In the case of the chaumer
there is the same necessity for a water-supply and washing accommodation, and for sanitary provision,
and for better attendance and more thorough cleaning, than is at present provided.
Other Rural Workers.
1171. Workers other than farm-servants have been gradually leaving the rural districts. The con-
centration of industries in the larger centres, the organisation of the distributive trades in larger concerns,
and the development of transit have all made this inevitable.
1172. The demand for casual labour, such as ditchers, drainers, hedgers, dykers, etc., is much less
than formerly. The difficulty of making a living at such employment probably had most to do with these
men leaving the country, but several witnesses stated that the lack of houses had an influence. (Esslemont,
31,409 ; Fenwick, 31,742.) A certain number of workers, such as postmen, railwaymen, roadmen, etc.,
have to reside in rural districts, and these have found increasing difficulty in securing houses.
1173. Rural Postmen. — ^Evidence was submitted on behalf of the postmen as to the difficulties
they often encountered, and the handicap placed upon the employment of married postmen in rural areas
because of the housing difficulty. (Stuart, 3769.) Postmen are obliged to live reasonably near their
post offices, probably not more than a mile away, and this, of course, limits their choice of residence
{Ibid., 3781.) An instance was given where a postman died, and the Postal Authorities wanted to put
another, a married man, into the house, but the house was required for an estate man ; (this was a case
where a proprietor had rented his house previously for use of a postman, but, later, required it for
his own estate purposes) ; and consequently the Post Office vacancy had to be filled up by an unmarried
man, because there were no houses available for married men. (Milne Home, 29,858-60.) The Post-
men's Federation take up the position that the Postmaster-General should be responsible for providing
housing accommodation for the staff. (Stuart, 3770.) They base this on the regulation of the Post-
master-General that the postman is required to live within a certain distance of the office to which he is
attached, and that this ought to be met by the provision of suitable housing by the Department. The
Department took the position that the provision of housing accommodation was no part of their business,
and that they arranged for single men being employed where housing was not available. (Kirkwood, 3838,
3843.) We think that in the case of a public servant it is not in the public interest that this handicap
should be placed on the employment of married men.
1174. The difficulty might be met by the Local Authority building houses, to which should be attached
small pieces of land or gardens, which rural postmen and their families could work to advantage. This
would form part of a larger scheme which might be undertaken in rural districts to meet the general
housing difficulties. As far as rural districts are concerned, it would seem reasonable that the Local
Authorities should do something to meet this need. Within the last ten years postal facilities in the more
remote districts have been largely extended, and this service, while of the greatest convenience to the
inhabitants, is carried on at a loss to the Post Office. It would not, therefore, seem imreasonable to ask
the Local Authority representing those districts to provide houses for the postmen engaged in these
services, for which they would be quite ready to pay rent. It would not be a serious obligation, as cases
of " proved necessity " are not numerous, and are to be found principally in the remoter parts of rural
districts. (Stuart, 3804-5-6.)
1175. Railwaymen. — The housing of railway servants in rural districts is generally inadequate and
poor. Many railway employees have to put up with anything they can get, and make no complaints
for fear of being turned out and losing their jobs, no other convenient house being available in the district.
This shortage leads to overcrowding and discomfort, not to speak of the uncertainty of the accommodation
available. (Johnstone Douglas, 2404 ; Fenwick, 31,743-9 ; Middleton, 30,122.)
1176. Provision is made in certain cases by the companies, and in such cases they should be treated
in the same way as proprietors of estates are. If they fail to provide proper accommodation, the Local
Authority should have the same power to deal with them as we have suggested in the case of estate
owners for the houses of farm-servants.
1177. Local Authority Employees. — ^A beginning has been made in the provision of houses for roadmen
and for the servants of the Local Authorities. (Dobbie, p. 337 (12) ; Mihie Home, 29,862 ; Ralston, 30,285 ;
Smith, 28,676.) We had a good deal of evidence, however, that the difficulty of finding houses for road-
men was serious in many districts, and that little was being done by the Local Authorities to meet the
difficulty. The men are left to secure such houses as they can, and in many instances have to fall back
on farm cottages not required by the farmers, or on other houses which may happen to be vacant. (Elder,
30,491 ; Esslemont, 31,407 ; Fenwick, 31,745 ; Middleton, 30,114.) This seems to us to be entirely
unsatisfactory. Such houses as they may secure in this way are, in the nature of things, likely to be the
less satisfactory farm cottages, or houses so inconveniently situated as to add to the daily labour of the
men, and the Local Authorities are bound to suffer. It is hardly to be expected that landowners will
find houses for men not directly or indirectly in their service, and the Local Authorities who employ
the workers referred to have hitherto been reluctant to build if they can avoid it. It is true, however,
that Local Authorities are beginning to realise their responsibility to their workpeople, and, further,
that it is" in their own interest to do so, because better houses attract better men. In some parts the
Local Authorities are building or renting cotta'ges for their men, while in other parts they appear to leave
them to find accommodation where they can. Many of these workers are, as we have indicated, housed
on " sufferance," e.g. in a cottage belonging to a farm that may not for the time be required. If, how-
ever, a married ploughman or carter is engaged for the farm, the workman (usually a roadnlan) so housed
on sufferance has to quit. We recommend that Local Authorities should be responsible for the provision
of satisfactory houses at convenient centres for their own employees, — roadmen, policemen, and other
like officials.
Observations upon Minority Proposals.
1178. Our colleagues of the Minority differ from us on two principal questions, viz. (1) the granting
of loans at a low rate of interest to landowners to enable them to build cottages, and (2) the proposal
REPORT. 181
to make the farm tenant fully and solely responsible for all ordinary upkeep during the lease. We have
given our reasons why we cannot agree to the granting of loans to landowners, and have stated that,
in our opinion, the owner of the house ought to be the party who is responsible for the condition of
that house. We see no reason why the ordinary law should be altered in the case of the owner of farm
cottages, nor do we think that the course proposed by our colleagues would achieve the end we all have
in view. Indeed, the proposal they make does not remove the responsibihty from the owner, but simply
gives the power to the tenant to carry out any necessary repairs and reclaim from the landlord in the Civil
Court the cost of such repairs. There is no evidence to show that the farmer would be more alert in
attending to such repairs ; indeed, the opinion of our colleagues is that he has been more remiss than the
landlords in the past. Nor would the power to reclaim such cost of repairs remove the element of friction
between the parties ; it would simply alter the incidence of that friction, and the difficulties and un-
certainties of such a method of reclaiming would be a sufficient deterrent to prompt action on the part
of the tenant. The farmer, in order to keep himself safe, would always be anxious to secure the consent
of the landlord, and that would simply result in a reversion to the present position. The great majority
of farmers would — ^naturally — do very little without the proprietor's consent, and would not execute
repairs if they knew or believed they would have to sue the proprietor to recover the cost.
Summary of Recommendations and Suggestions in Chapter XV.
(1) That — ^under reference to the standard of accommodation and habitability prescribed in a later
chapter as applicable to houses generally — the following are essential conditions of proper housing for
rural workers : —
(o) Every site should be so drained that the surface water should be carried away from the
dwelling.
(6) Provision should be made for rones and for the proper disposal of water from the roofs and walls.
(c) Clay or earth floors should not be permitted, and imder-floor ventilation should be provided.
{d) The finishing of the internal walls so as to provide a comfortable dwelling should be
obligatory.
(e) Proper storage accommodation should be provided. (Paragraph 1145.)
(/) Provision of water-supplies. (Paragraph 1146.)
{g) A properly equipped water-closet or priAry should be provided for every cottage. (Para-
graph 1147.)
{Note. — Recommendation as to provision of baths is dealt with in another chapter.)
(2) That responsibility for seeing that existing houses are brought up to a standard of habitability
sketched in the previous recommendation, and as set forth in a subsequent chapter, should be placed,
in the first instance, on the Local Authority. (Paragraph 1149.)
(3) That a complete and detailed survey of rural cottages should be undertaken at once. (Paragraph
1149.)
(4) That the staffs of the Public Health Departments in coimty areas should be increased to enable
them to overtake the work which will be rendered necessary by the above recommendations. (Para-
graph 1149.)
(5) That the proprietors and not the farmers should be responsible for the proper maintenance of
cottages on the farms, and that the Local Authority should be empowered to require that the houses
provided by the proprietors shall satisfy the necessary minimum of accommodation and conditions
recommended above and elsewhere, and that the proprietors maintain such houses in satisfactory con-
dition. (Paragraph 11-51.)
(6) That it shall not be legal for the proprietor to contract himself (by lease or otherwise) out of this
responsibility. (Paragraph 1151.)
(7) That in fulfilment of their duty to have houses brought up to the standard specified, the Local
Authority should proceed (where houses are not up to that standard) to serve notice upon the proprietors
interested to have the necessary repairs and alterations effected, or, failing this, that the occupation of
the house shall be prohibited. (Paragraph 1153.)
(8) That in cases where the house is capable of being brought up to required standard of habitability,
and the expenditure in so doing would be economic, and the proprietors are unable to find the capital
necessary, the Local Authority should be empowered to advance the sum necessary for any approved
expenditure, and to recover the capital and interest by an assessment on the proprietor — over a period
of years — sufficient to recoup the Local Authority. (Paragraph 1153.)
(9) That in the event of the proprietor failing to avail himseK of the offer of assistance as above,
the house should be closed. (Paragraph 1153.) -^
(10) That if closing houses of this kind leads to a shortage of housing in the district, the Local Authority
should make good the shortage. (Paragraph 1153.)
(11) That the Local Authority should (with State assistance) have the statutory duty laid upon them
of seeing that sufficient houses of a proper standard are provided for the workers in any district (if
proprietors or others fail to do so). (Paragraph 1161.)
(12) That the Local Authority should be entitled to acquire compulsorily, either by feu or purchase,
any land necessary for housing purposes. (Paragraph 1161.)
(13) That so far as practicable. Local Authorities should build houses required in rural districts in
groups or small villages. (Paragraph 1164.)
(14) That Local Authorities should experiment with the creation of holdings such as a ploughman
could properly cultivate in his spare time, or with the aid of his family, and upon which he could keep
a pig and poultry. (Paragraph 1 1 65. )
(15) That the bothy system of housing single men could be greatly improved by better regulations
and by a better system of attendance. (Paragraph 1168.)
(16) That the provision of more cottages as recommended should reduce the necessity for housing
together a large number of men in a bothy. (Paragraph 1168.)
182 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(17) That the limit of men housed in a bothy should be four. (Paragraph 1168.)
(18) That the farmer should make provision for better attendance in the bothy, for more regular
and thorough cleaning, and for more comfortable furnishings, and should encourage the men to secure
assistance in cooking meals. (Paragraph 1168.)
(19) That the same standards of habitability should be applied to bothies as are made applicable
to cottages. (Paragraph 1169.)
(20) That the structure of a bothy should, in every case, be made as satisfactory as that of a cottage,
and the accommodation should be on the same scale. (Paragraph 1169.)
(21) That a single room should not be inhabited by more than two persons, and if more than two
persons are to be housed, separate sleeping accommodation should be compulsory, either on the cubicle
system or by the provision of separate bedrooms. (Paragi'aph 1169.)
(22) That the house should be properly finished in the interior in the same way as is proposed for
cottages. (Paragraph 1169.)
(23) That water should be brought into the house under the same conditions as is suggested for
cottages, and that scullery and sanitary accommodation should be provided. (Paragraph 1169.)
(24) That proper storage accommodation — so that food can be stored and clothes preserved — should
be insisted on. (Paragraph 1169.)
(25) That in the kitchen system of housing single men the recommendations above as to structure
and accommodation of the bothy should apply with slight modifications as to the sleeping chamber of
the men who are boarded by the farmer — the only difference between the two being that the bothy
requires accommodation for storing food, cooking utensils, and table-ware, and this is not necessary
in the chaumer. (Paragraph 1170.)
(26) That in the kitchen system — as in the bothy system — a single room should not be inhabited
by more than two men, and that there is the same necessity for a second room or for separate sleeping
accommodation where more than two men are to be lodged. (Paragraph 1170.)
(27) That a water-supply, washing accommodation, sanitary provision, better attendance, and more
thorough cleaning than is presently provided are all as necessary in the case of the chaumer as in the
case of the bothy. (Paragraph 1170.)
(28) That where required for rural postmen. Local Authorities should provide houses — to which should
be attached small pieces of land or gardens. This provision of houses for rural postmen would form
part of any laiger scheme which might be imdertaken in rural districts to meet general housing difficulties.
(Paragraph 1174.)
(29) That in the case of railway-servants in rural districts, the railway companies should be put in
the same case as we have suggested for proprietors of estates. (Paragraph 1176.)
(30) That where railway companies fail to provide proper accommodation for their employees, Local
Authorities should have the same powers to deal with them as have been suggested in the case of estate
owners for the housing of farm-servants. (Paragraph 1176.)
(31) That in the case of employees of Local Authorities (such as roadmen, policemen, etc.), these
Authorities should be required to provide, or see that there are provided, proper houses at convenient
centres for such public servants.
CHAPTER XVI.
HOUSING CONDITIONS IN FISHING COMMUNITIES.
Introductory.
. 1179. In this chapter it is proposed to give a short descriptive account of the housing conditions
of the permanent population in representative fishing communities. This accoimt will be quite distinct
from that given, in another chapter, of the housing of the temporary workers, such as herring-gutters,
who migrate from port to port according to the duration of the fishing season.
1180. In our inquiry into the housing conditions in the fishing communities two points specially
emerged, and we propose to refer to these before describing the existing housing conditions. The first
of these is common to other districts of Scotland, but seems to prevail in greater proportion in the fishing
communities. We refer to the question of the number of persons who occupy a house of which they are
the owners. This state of matters prevails largely in the fishing communities. It has been common for
the more successful fishermen to invest their savings in the improvement of their dwellings or the erection
of new houses, which they proceed to occupy. The system of occupying ownership can be studied in
these communities under various conditions, and the most widely differing results are seen to follow
from it. In certain districts there has been a rapid increase of prosperity, which is clearly reflected in
the houses ; but in others there has been a steady; if somewhat less rapid, decline, owing to the change
in the methods of fishing from the old sailing vessel to the steam trawler and the consequent concentra-
tion of the trade in and around certain large centres. In the villages which, through some failure in
initiative or adaptability, or through the departure of the industry from their neighbourhood, have fallen
into decUne, there is apt to be left a deposit of extremely defective housing, for which no person assumes
effective responsibility. In such cases it is almost impossible, owing to the impoverishment of the owners
of the houses, to secure necessary repairs and improvements being executed, more especially where the
house has become much dilapidated. But, as we have said, this state of matters is not peculiar to the
fishing communities, and in another part of this Report we discuss fully the whole question of the poor
owner in relation to the upkeep and maintenance of his house. It is not necessary therefore to deal
further here with the matter in relation to the housing of fishermen.
REPORT. 183
1181. The second special point to which we would refer is the peculiar tenure on which the sites
of many of the houses in the fishing villages are held. In some places the houses are bmlt on feus. In
other places, however, the practice appears to be for the owner of the house to pay to the estate authorities
a specified sum annually for the stance, but the owner has in law no title to the ground on which his house
is built. When the owner sells the house, he informs the estate authorities, and the latter make the
necessary alteration of ownership in the estate books. Our evidence does not show that this ill-defined
tenure has ever been broken through from the landlord's side, or that the fisherman's house or improve-
ments have been confiscated on account of the irregularity of his tenure. But the position cannot be
regarded as a satisfactory one, and in Chapter XXIII. of this Report, dealing with Leasehold Tenure, we
refer to this particular practice and make suggestions for the owner of the house obtaining a proper title
to the site of his house.
1182. We will now proceed to a description of the existing housing conditions in these commimities.
There are three main groups of villages on which we obtained evidence — (A) Those in the south, especially
along the Filth of Forth ; (B) those in Aberdeenshire and Banffshire ; (C) those in the North and North-
west of Scotland. In addition to obtaining evidence from witnesses conversant with the conditions
prevailing in these localities, we visited several of them and verified for ourselves the accounts with which
we had been furnished.
(A) Housing Conditions in FismNO Communities in the South op Scotland.
1 183. As regards the fishing communities in Berwickshire, the Medical Officer for the coimty reported
that the housing conditions in St Abbs were fair, while in Eyemouth they were bad, and in Bummouth
very bad. In the last-named place it is stated that the houses are placed at the foot of precipitous cUffs,
and that the cliffs have fallen in until the houses are almost buried. (M'Whan, 38,272-3.) Another
witness stated that in this village sites for new houses could only be found if the old houses were pulled
down. In these villages, as in the fishing villages of East Lothian, there is said to be a serious lack of
sanitary appliances. (Skinner, Appendix I. (2) ; M'Whan, 38,274.)
1184. The housing conditions in the group of small burghs in East Fife that are chiefly inhabited
by fishermen are reported to be good. (Maxwell, 18,671 (5) (21), 18,701 ff.) We did not visit these
burghs, and accordingly we are unable to confirm this statement from personal observation.
1185. Evidence was also given regarding the fishing village of Dunure in Ayrshire, where, according
to one witness, there is much overcrowding. He states that in one case four adults and two children
reside in a one-apartment house, while in another similar house a man with his wife and five children
reside. About half of the village is composed of houses of one apartment. The same witness also cited
a case in which practically the whole of a large family resident in one of these one-room fishermen's
houses had been carried off by consumption. In cross-examination he stated that the fishing in Dunure,
after passing through a period of depression, seemed now to be prosperous, as all the fishermen had acquired
motor-boats, and they could supplement their earnings by letting their houses to summer visitors. Thus
there appears less reason for congested housing in this than in many other cases. (Buchanan Lang, Clerk
to the Maybole Parish Council, and representative of the Society of Inspectors of Poor for Scotland,
38,351 (5-9), 38,400 ff.)
(B) Housing Conditions in Fishing Communities in Aberdeenshire and Neighbouring
Counties.
1186. (a) Stonehaven and Aberdeen. — The fishing communities in this part of Scotland vary in the
extent to which houses are owned by their occupiers. In the course of our visit to Stonehaven we found
that the fishermen there, whose number seems to be diminishing, live for the most part in rented houses
which are well kept. Many of the old and defective houses have been either demolished or improved
at the instance of the Local Authority. Rents appeased to be moderate, £6 or £6, 10s. being charged
for " a half house," i.e. two rooms, one above the other, the stair being shared with the tenant of the
otl er half of the dwelling. The rooms are of good size and well kept, and sometimes there is a small
garret for nets in addition ; but the complaint was general that the storage room for lines and nets was
insufficient. A further drawback is that the baiting of lines for line-fishing, which takes from five to
seven hours, is frequently done in the hving-rooms.
1187. In the city of Aberdeen, the new quarter of Torry is largely occupied by men engaged in fishing
with trawlers or drifters. The modern type of tenement here, which is in some cases owned by men
engaged in fishing, is referred to elsewhere. (See Chapter VIII., Paragraph 513.)
1188. (6) Aberdeenshire Villages. — ^We may take Caimbulg, Inverallochy, and Boddam, visited by
one of our number, as typical of the fishing communities in Aberdeenshire.
In these villages the houses are old and damp as well as very irregularly placed. At Cairnbulg
many of them stand end-on to the street. This is also the case in Pitullie, a little east of Fraserburgh,
where the space between houses is very narrow.
The Sanitary Inspector for Banffshire notes the same conditions in Whitehills, where the back walls
of the oldest houses are only separated by narrow spaces of from 18 inches to 5 feet, and so the houses
approach very near to the type of back-to-back houses. (Appendix CLVII. (15).)
1189. Sanitary accommodation of any kind is the exception, even in the solid two-storey houses
built by some of the more prosperous fishermen. The drainage scheme and the water-supply in Caimbulg
and Inverallochy are not good enough for water-closets to be practical politics, and though the water-
supply is recent and has been expensive, the Coimty Authorities are pressing for its improvement. A
further difficulty is the lack of space round the houses, particularly in Boddam.
1190. Boddam has a good water-supply, stand-pipes being fairly numerous, and also forms a '
drainage and scavenging district, but there is no lighting scheme.
184 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Typical Fishing Centres in Banffshire.
1191. It may be convenient to describe one or two of the fishing communities of Banffshire. As
an example of the most progressive type of fishing community we may take Findochty, which was
formed into a police burgh in the spring of 1914 — the only new burgh, so far as. we are aware, created
in Scotland during the period of our inquiry. Gardenstown may, on the other hand, be taken as repre-
sentative of the villages, which in the main have retained the old type of houses.
1192. Dr Ledingham, the County Medical Officer for BanfEshire, points out that there are consider-
able differences between the different villages. Enterprise and progress are well marked in some, and
these qualities may be estimated by the character of the housing and the number of steam drifters belonging
to the village. Some villages have remained practically stationary.
In one village a fisherman's ambition is first to own a house and afterwards a drifter, while in
another the first ambition is a drifter and afterwards a house. (Appendix CXC, Paragraph 1.)
1193. Findochty. — This village (or rather burgh) is, according to Dr Ledingham, the most progressive
in the matter of housing of all the villages on the Banffshire coast. Up to twenty-five or thirty years ago
it was a small fishing conamunity. The older houses were of the kitchen, room, and closet type, built as
near to the sea as possible, and with httle or no regard to any system of town planning. On accoimt
of the great development in the fishing industry, particularly in drifter building, there has recently been
a period of considerable prosperity. A village has sprung into existence with housing of a very superior
type, water being introduced into the newer houses, water-closets being provided, and also accommoda-
tion for storing fishing-gear. Many of the older houses have been reconstructed, mainly by adding to the
height of the walls to provide over the dwelling-house a store for fishing-gear. Water and water-closets
are gradually being introduced into the older houses. In some parts of the original village the orginal
houses remain, but even with these in a general way there is little fault to find except that water and
sanitary accommodation are not very generally provided.
1194. There are 366 separate families in the village, and of these 264 own and occupy their own
dwellings. There are 114 houses rented at under £5, 161 between £5 and under £10, and 91 at £10 and
over. (Ledingham, Appendix CXC. (2).)
1195. Gardenstown. — This village is situated on the narrow ledge or series of ledges at the foot of
great overhanging chffs, and between them and the sea. It is a prosperous little village, and has been
particularly enterprising in the matter of steam-drifter building. There has not, in recent years, been
much activity in house building. Perhaps on an average one house a year is built. There has been little
extension of the village on new ground. Such houses as have been built have been erected mainly on
old stances. By the extension of the water system to the area above the cliffs new feuiag groimd is being
laid off, and Dr Ledingham states building would have commenced here had the war not interrupted the
scheme. The building space being so hmited and the preparation of a house foundation so costly, every
available foot of ground is occupied by a building, the houses in some parts being packed together as
closely as they can stand.
1196. Fifty of the houses in Gardenstown have sinks, with water and sewer connections. The others
draw their water from the street wells. Only ten houses have water-closets. A few may have dry-closet
accommodation, but the majority have no sanitary accommodation of any kind.
1197. There are 254 separate famihes in the village, and of these 148 own and occupy their own
houses. There are 180 houses rented at under £5, 65 between £5 and imder £10, and 9 at £10 and over.
(Ledingham, Appendix CXC. (28).)
1198. The village is a special water, drainage, scavenging, and fighting district. (Ledingham,
Appendix CXC.)
1199. General. — It will thus be seen that the fishing villages in Aberdeenshire and on the Moray
Firth contain a wide range of housing conditions. In Findochty and elsewhere rapid progress has been
made in providing substantial houses, while the, older and poorer houses are well kept. Only in the
inadequate provision of sanitary appliances can the majority of these villages be considered seriously
deficient. At the same time, in the crowded and irregular placing of the houses we see a product of the
older individualism. In more than one of the Banffshire villages this is due to the restricted sites at
the base of cliffs, but the same defect appears in other villages where there is no similar natural obstacle.
This, however, can be overcome by better planning in the future.
(C) Housing Conditions in Fishing Villages in the North of Scotland.
1200. Very full evidence was laid before us regarding a group of fishing villages on the eastern
sea-board of Eoss and Sutherland. These represent a very different, and much less progressing and
prosperous, type of community than the fishing villages of the Moray Firth.
1201. (a) Avoch and Hilton (Ross-shire). — The houses in Avoch are small and old fashioned, and are
irregularly placed and crowded together, and there is considerable overcrowding ; but we noticed that
both the exterior and the interior of the houses were extremely well kept.
1202. In the small village of Hilton, further north, there is said to be serious overcrowding, as the
population tends to increase. There are forty-four famihes in twenty-two houses, owned by the people
themselves, and it is not to anyone's interest to provide new houses.
1203. (b) Cromarty. — The fishermen's houses in Cromarty are very small, and are so crowded to-
gether that it is practically impossible to enforce the provision of water-closets. (J. Ross, 15,890 ff.)
On the occasion of our visit, the effect of the baiting of lines and other shore work in fouling the surround-
ings of the houses was very apparent, and a drastic reconstruction of this portion of the burgh would
appear to be urgently called for ; only the financial difficulty intervenes at every turn. It is only
fair to add that the Provost stated to us that, through the steady pressure exercised by the officials,
there had been a marked improvement in the previous fifteen years ; much, however, remains to be done.
(J. Ross, 15,891.)
REPORT. 185
1204. (c) Embo, Golspie, Brora, and Helmsdale (Sutherlandshire). — North of the Domoch Firth there
is a group of small fishing communities at Embo, Golspie, Brora, and Helmsdale. According to the county
Sanitary Inspector, the fishermen's houses in these villages are going from bad to worse, the main cause
being the poverty of the fishermen, who still work small hand lines and small boats for white fishing,
with which they eke out a precarious living during part of the year. The younger men go as hired hands
on the steam drifters and liners during the herring season.
1205. The Sanitary Inspector reports that the houses are mainly of the " but-and-ben " order, with
dark centre closet and defective roof. In many cases they are without plaster, the walls being generally
covered with layer upon layer of wallpaper. They are damp to a degree. The kitchen, which is used as
the general utility room for eating and sleeping in, is also used for baiting lines, and the earthen floor is
often " in a mucky state with fishy liquid and decaying bait."
1206. The villages, too, are reported to be dangerously overcrowded. In Brora and Golspie, 35 per
cent, or thereby of the population live in single-room houses, as many as seven persons being found in
a room of 1090 cubic feet capacity. In a number of instances in these villages, in cottages of four small
rooms and back-closet each, three families are housed, with anything from twelve to eighteen persons
entering by the same door.
1207. Sanitary conveniences are practically non-existent. The great majority of the houses (90 per
cent, according to the Sanitary Inspector) are, in the circumstances, very clean inside, the surrounding
appearances of the dwellings forming a contrast. The seagull is responsible for a large precentage of
the scavenging. Water-closets and privies, except in the few newer houses, are the exception. (Rose,
15,465 (3) etc.)
1208. The conditions in Embo itself are described by the county officials as bad. The interiors
of the houses are on the whole well kept, but there is a great lack of scavenging. " Refuse of bait, empty
' shells, etc., are thrown out and allowed to lie practically anywhere. . . . There is one striking fact,
' that the infant mortality in Embo, the most insanitary village in the county, and where the houses all
'belong to occupiers, is always exceedingly high." Indeed, the Medical Ofiicer for the county, from
whose evidence this statement is taken, went so far as to say that " practically the only infants that
' die in the count)- die in Embo." There has also been great difiiculty in securing a suitable water-
supply for Embo, and even after some £11,000 had been expended by the Duke of Sutherland, Mr
Carnegie, and the County Council, the result was still unsatisfactory. The placing of the houses in
long parallel rows, and the fact that each row claims the ground behind as far as the next row, causes
difficulties in regard to cleansing and drainage. (Brenmer, 14,712 (19-23), 14,780 fE. ; Rose, 16,001 fE.)
1209. A few of the fishermen in Embo — ^thirteen in nine or ten years— had built, conform with the
Local Authority's building byelaws, good new houses containing a but and ben and closet downstairs
and two attics upstairs, with sheds for the nets outside. But this only represents a small proportion of
new houses in a village with a population of about 800. (Rose, 15,603 fE.)
1210. (d) Lower Brora (Sutherlandshire). — The conditions in this village were amongst the worst
we saw. The number of houses in the village is not large, but we venture to describe in some detail
the conditions we found in order to show the degree of dilapidation which may prevail in the housing of
a community which has fallen into poverty and in which no resources are available for the most necessary
improvements. A descriptive accoimt of the housing conditions is given by Dr Dittmar, the Medical
Inspector of the Local Government Board, in the evidence he placed before us (340 (44)), and our own
investigations on the spot confirmed the impressions made by his evidence.
1211. With few exceptions the houses are all old and chiefly single-storey cottages ; a few have two
storeys, the upper rooms merely lofts under the sloping roofs, and provided with the usual form of sky-
light window in the roof. In some cases the space under the roof is used for storing fishing-gear only,
but in others (and these the majority of cases) it is used for bedroom as well as for storeroom purposes.
The houses are built of stone, but there are no damp courses in the walls, and the inside walls are not
" strapped " or lined with lath and plaster. The condition of the floors cannot be better described than
in Dr Dittmar's own words. He says : —
In almost all cases the floor consists of the bare earth. In some instances a layer of boards
has been laid direct on the earth, in others there is a flagstone floor, or, in a few cases, a brick one.
In other cases again, linoleum has been laid on the ground in one or several layers, or on top of sacking.
The floors in most houses- are very irregular, there being depressions and elevations all over them.
I was informed that in wet weather water collects in the depressions, and from the structure of the
houses I could well believe it.
1212. The roofs of the houses are mainly of slates, and, according to Dr Dittmar, are in a fair state
of repair. In some cases, however, the houses are roofed with tiles, and these roofs are very defective.
Rain gets into these houses through the roofs, and also snow. One house is reported to be partly straw-
thatched and partly roofed with felt. There are no rainfall spouts and no eaves spouting, except occasion-
ally a stretch above the doorway. Rain-water thus falls directly on the ground, and is allowed to soak
into the soil immediately around the house. The subsoil is of sand, as already indicated.
1213. This village of Lower Brora presents several diSiculties. Traditionally, a rent is charged
for the stance on which the house is built, but no rent for the house itself. The owner of the ground
disclaims responsibility for the structure or repair of the houses. The tenants themselves have not
sufficient capital to maintain the houses in repair. Most of the houses, as indicated above, are unfit for
occupation. The result is a deadlock. The owner of the ground, who draws a rent for the stances,
declines to put the houses into habitable condition, and, apparently, there is no legal power to require
him to do so. The tenants themselves, on account of their economic condition, are unfit to execute repairs,
and, in many cases, repairs would have to be so radical that they would cost more than a new house.
1214. (e) Lerivick — Garthspool. — So far the difficulties encountered have been those caused by the
decline of certain fishing communities through the shifting of the fishing industry, or by the failure of
the enterprise of the people ; but corresponding problems are raised in the districts which benefit by the
growth of the fishing industry. The extreme overcrowding in Wick, referred to in Chapter XII.,
186 ROYAL COMMISSION ON -HOUSING IN SCOTLAND.
Paragraph 766, is due to this cause. But there are two special cases in which houses built in a temporary
form to meet a sudden influx of population have remained in use when they ought to have been con-
demned, since permanent housing was not provided to supersede them.
1215. The first case is that of the " Scotch colony " at Gartbspool and Holmsgarth in the landward
portion of the town of Lerwick.
The members of the colony migrated from the Moray Firth about 1897, attracted by a successful
haddock fishing ; the haddock fishing has since become comparatively unremunerative, and the colony
seems simk in poverty ; some of the more enterprising have secured substantial houses, but the majority
continue to hve in congested and insanitary wooden huts. (Skinner, Appendix I. (5).) This description
by the representative of the Fishery Board was amplified by a local witness, whose words those of us
who visited Garthspool can fully endorse : —
The bulk of these houses are simply wooden erections neither wind- nor water-tight. They
stand on bad sites, with no drainage, and the surroundings of them are filthy in many cases ; they
are surrounded with . . . fish ofEal and refuse of every description. (Pottinger, 11,838.)
Nearly eighteen months before our visit, the houses had been condenmed by the Medical Officer for
the county as unfit for habitation. (Yule, 12,009, 12,039 ff.)
1216. Since these houses, if they can be dignified by the name, were erected by or for the original
incomers, they have passed into different hands, and now a rent of £4 to £6 per room is being charged
for buildings, the capital (i.e. firewood) value of which was estimated by the Sanitary Inspector as £6, 10s.
— the sum actually obtained for one which had been condemned. (M. White, 12,056, 12,145 ff.)
1217. The reasons why these houses have continued to be occupied during a number of years, in spite
of reports by the Local Authority and representations by the Local Government Board, are apparently
two. (1) There is a lack of alternative accommodation, and the perpetually recurring question, " If you
' close these houses, where are the people to go ? " In this respect these houses form merely the most
acute portion of the general housing problem of Lerwick. But (2) while this is so, they are outwith the
burgh, in the county area, where the total rates in 1913 were 8s. 5d. in the £ — greatly above that in the
burgh. Thus a deadlock had been reached, as the county could not afford to take drastic action, while
the burgh naturally objected to extend its boundaries to take in an area burdened with an unsolved
problem of this kind. (Sinclair, 11,954 fE; cf. Yule, 12,045.)
1218. (/) Mallaig (Inverness-shire.) — ^A somewhat similar state of things has arisen lately at Mallaig
on the West Coast, where a community of fishermen live in wooden houses under conditions of consider-
able overcrowding. The huts are crowded close together with no idea of order or appearance. They
are of simple arrangement, consisting of a single apartment usually divided up by partitions to ac-
commodate beds, making the living part of the hut very small and inadequate for cooking, baiting lines,
washing, etc. The roofs are of felt, and no provision is made for carrying away the roof water. There
is only one door and usually one or two small windows, which in most cases are simply panes of glass
fitted in a space in the wall and are fixed ; a few open in the form of a French window. The usual
form of fireplace is an American stove projecting into the room and with an iron pipe through the roof.
The atmosphere is thus much too warm and badly ventilated, and seven and eight occupants are often
occupying this small space, rendered worse, if that is possible, by the work carried on in it on a wet day,
e.g. baiting lines. Water is carried by the occupants from a tap fitted up on the area. Water-closets
are provided at the rate of six for over twenty families. They are not much used, however, owing to
their position, the approach to them being so rough and the locality not being lighted at night. House
refuse and excreta are carried down to the sea, but a good deal of the refuse from the baiting, such as
shells, etc., is left scattered about, adding to the general untidiness. (Mrs J. Macrae, 27,948 (2).)
1219. As indicative of the overcrowding that exists in these huts, one witness stated that in a two-
apartment hut, size 26 feet by 24 feet, divided into two rooms, there were four children and two adults.
One of the children was confined to bed with tuberculous disease, and occupied a cot in the living-room,
the only ventilation being the open door in good weather, as in neither room did the windows open.
In a similar two-apartment hut there were living a father, mother, and eight children. (Mrs J. Macrae,
27,948 (2).)
1220. The same witness said she knew of one or two cases of overcrowding where there were eight
children and the parents, and lodgers in addition, in a one-room house with a partition. The over-
crowding is largely seasonal, as there is an influx of about 150 girl workers at two different seasons of
the year. Separate accommodation has been provided for only a few of these ; consequently the
majority have to be taken as lodgers into the already overcrowded houses or huts described above.
(Mrs Macrae, 27,971, 27,981 ; Alison, 15,296.)
1221. It was distinctly stated by the Sanitary Inspector for the county that these houses were not
intended to be permanent ; they were erected about 1902 " as a trial, first of all, to see if the fishing
' was to succeed. They are erected on ground belonging to the railway company, with nominal pay-
' ments of £1 a year for the site." It appears, however, that the only available piece of ground suitable
for the erection of permanent dwellings is across the bay on the opposite side from where the huts are,
but there is no road to that site. The cost of providing a road and of introducing water-supply and
drainage would be very considerable. The Local Authority considered some years ago the question
of undertaking these works, and made application for a grant-in-aid to the Congested Districts Board.
The application was refused, and nothing further has been done. (Mackintosh, 15,294 ff.)
1222. At Mallaig the exceedingly rocky and restricted site of the village forms an exceptional source
of difficulty ; but the whole situation there emphasises the necessity of securing the provision of
permanent houses for such a colony of fishermen as soon as it passes the first experimental stage and
becomes an estabhshed centre.
Permanence of Fishing Centres.
1.223. As was to be expected, the evidence on this subject varied widely in the three groups of
communities just dealt with. The most decided progress in recent years has certainly been made by the
REPORT. 187
towns and villages on the Moray Firth and in N. Aberdeenshire. In these there appeared to be no
lack of confidence regarding the future ; and in many places much has been done by the fishermen to
erect new and substantial houses out of profits since the steam-drifter came into vogue.
1224. In the other districts dealt with the question of the permanence of the fishing was repeatedly
raised. The conditions of the fishing communities in the Outer Islands are a distinct problem and are
dealt with in Chapter XVIII. As regards the remaining districts, the most definite conclusion seemed
to be that the large centres had a much greater chance of stability than the small. (Skinner, 695 £f.)
1225. The Sanitary Inspector for Sutherland mentioned that some of the fishermen in that
district had given up fishing altogether because their own boats were behind the times and could not
compete with the steam-drifter and motor-boat. These men were now seeking work on land. The
Medical Ofiicer, on the other hand, stated that, while Helmsdale had undoubtedly lost seriously because
of the growth of the Wick fishing, the smaller villages, such as Embo, had not gone down in recent years.
In winter they had the small-boat fishing inshore, and in summer could make their living with their
own boats or as hired men at Wick or elsewhere. (Rose, 15,488 ; Brenmer, 14,822 ff.)
1226. Thus the Sutherlandshire villages might come to hold the game relation to Wick as Rose-
hearty, Caimbulg, etc., hold to Fraserburgh, although the greater distance must be a disadvantage.
There is much to be said in favour of any policy which would help the smaller fishing communities to
persist in their own districts rather than that they should be absorbed in a few large centres. The
ability of fishermen to find the capital necessary for the provision of improved housing is largely bound
up with the stability of the industry in their particular district. In another portion of this Report we
deal with the whole question of the responsibiUty for the provision of improved or new houses, and the
matter in relation to the special position of occupying owners- — such as the fishermen referred to — is
discussed.
Temporary Housing.
1227. As already indicated, the special problems associated with housing in fishing communities
will be discussed, and a policy suggested in later portions of this Report ; but it seems desirable here to
consider the case of housing at new fishing stations whose value and permanence is not yet proved.
(This is, of course, separate from the question, dealt with elsewhere, of accommodation for the girls
employed on seasonal work.) As Garthspool and Mallaig show, there are grave dangers in allowing
family housing to grow up without regulation and on temporary lines, and then gradually to harden
into a permanent system. If similar new colonies should be founded in future, it is important that
they should be regulated from the outset. It does not seem essential that the houses should be of the
usual substantial stone-and-slate type ; but if they are of lighter construction, they should still|be
adequately ventilated and placed on carefully chosen sites. The approval of the Local Authority
should be required to the site and method of construction. The Local Authority should prescribe the
number of persons which each house could accommodate, regard being had to the proper separation
of the sexes ; and any excess of persons beyond this maximum should constitute overcrowding, in
respect of which penalties would be exigible. If this regulation were enforced, such seasonal over-
crowding as exists at Wick, Mallaig, and elsewhere, through the admission of lodgers to houses already
full, would be checked. The fishcurer who desired to have additional hands during the busy season
would then need to provide special and suitable accommodation for them.
1228. If such a system for the control of construction and use of temporary houses were adopted
at the outset, it would be possible for the Local Authority to place a time-Hmit, say of ten years, on
the use of these buildings as dwellings for families. Before this period had elapsed it would be possible
to judge if the station were likely to be permanent ; and, if so, the duty would he on the Local Authority
to see that permanent housing was provided.
Summary op Recommendations and Suggestions in Chapter XVI.
(1) That where new fishing colonies are established, and housing of a temporary nature is to be pro-
vided, the approval of the Local Authority should be required to the site and method of construction
of the houses. (Paragraph 1227.)
(2) That the Local Authority should prescribe the nxaximum number of persons who may reside
in each house, any excess beyond this maximum constituting overcrowding, for which a penalty would
be exigible. (Paragraph 1227.)
(3) That the Local Authority should prescribe a time-limit on the use of these temporary buildings
as dwellings for families. (Paragraph 1228.)
CHAPTER XVII.
HOUSING OF MIGRATORY AND SEASONAL WORKERS.
Introduction.
1229. In the beginning of the nineteenth century httle attention was given to the housing of
temporary workers. Hugh Miller relates that a northern laird, when asked why he left a cra2y building
standing behind a group of well-appointed offices, replied that the hovel would be useful when a drove
of pigs or a squad of masons had to be put up. Any sort of odd building was considered an adequate
dwelling for the temporary worker ; an old limekiln open to the sky, fitted up with beds of undressed
stone slabs, sufficed for twenty-four men ; a hay barn, so dilapidated as to have become "a roof-
* covered tank of green stagnant water three-quarters of a foot deep," drew forth an angry comment
188 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
from the unhappy workmen for whom no other shelter was forthcoming : " Are we eels or pudtiocks,
' that we are sent to live in a loch ? " An employer having decided to pull down his cow-house and erect
a new one with the old materials, considered the condemned derelict a suitable place in which to house
the workmen engaged on the job of demolition and reconstruction. " We did our best," says Hugh
Miller, " to solve the problem by hanging up at the end of the doomed hovel— which had been a salt
store in its day and was in damp weather for ever sweating salt water — -a hanging partition of mats,
' and, making our beds within, we began pulling down piecemeal, as the materials were required, that
' part of the erection which lay outside. We had very nearly unhoused ourselves ere our work was
' finished ; and the chill blasts of October, when they blew in at the open end of our dwelling, rendered
' it as uncomfortable as a shallow cave in an exposed rock front." (My Schools and Schoolmasters.)
1230. In the course of our inquiries our attention was especially directed to the housing conditions
of certain migratory and seasonal workers. These were navvies, potato-diggers, berry-pickers, herring-
gutters, and tinkers. We propose in the following papers to deal with the housing of these workers
in the order named. From the narrative of conditions which follows, it will be judged that in many
places in Scotland the want of care of the housing conditions of seasonal workers is, in the beginning
of the twentieth century, not much less pronounced than it appears to have been in the beginning of
the nineteenth century. On the other hand, in some districts, e.g. in certain of the fruit-picking areas
in Perthshire, the standard of housing seasonal workers has during recent years been much improved.
(a) Housing of Navvies.
1231. Accommodation for the housing of navvies is usually provided in huts erected for the purpose,
the works (comprising the construction of railways, waterworks, and the like) commonly being under-
taken in sparsely populated districts where there is no surplus housing accommodation.
1232. Description of Accommodation provided. — As is shown by the evidence of the legal member
of the Local Government Board, the first inquiry by that Board into the housing accommodation of
navvies was made towards the end of 1903, when the Board obtained reports from the sanitary officers
of the districts where public works were at that time in course of construction. These reports appeared
to indicate that on the whole, taking all the circumstances into account, the accommodation provided
was fairly satisfactory. (Macpherson, 2 (454), etc.)
1233. As regards the structure of the huts, this appears to have been generally suitable, and in one
county (Perthshire) especially so. (Macpherson, 2 (460).) This is stated to be due to the co-operation
that existed between the contractors. Huts of a satisfactory type were provided some years ago in
Dumfriesshire during the construction of the Cairn Valley Light Railway. (Maxwell Ross, 13,743 (24),
13.831 S.)
1234. The reports referred to showed that lack of arrangements for ventilation and deficiency of
cubic space were not uncommon, but it was pointed out that the lightness of the stmcture and the exposed
situation of the huts tended to counterbalance these defects. A common defect noted, however, was
that the sleeping-room was also the room in which food was kept, cooked, and eaten, while double beds
were also common. Water-supply was considered satisfactory; adequate privy accommodation was
provided, but frequently was not used. (Macpherson, 2 (456-9).)
1235. Supervision of Huts.— -The practice as to the control of the huts when erected and occupied
was evidently very varied. In some cases they were dealt with under building byelaws ; in others
under byelaws for common lodging-houses, for houses let in lodgings, or for tents, vans, and sheds. But
it seems clear that no one of these methods of control was sufficient for the purpose. (Macpherson, 2
(460, 461, 463).) The ordinary building byelaws are not applicable to this class of erection ; the
common lodging-house byelaws do not always apply, as often no charge is made for the accommodation
provided ; the byelaws as to houses let in lodgings, and tents, vans, and sheds, do not enable any control
to be exercised over site and structure. There can be no doubt that the housing of this class of workers
requires to be carefully supervised. Mr Mackintosh, Sanitary Inspector for the Lochaber district, says
that navvies make the site and the surroundings of their premises very objectionable. (15,140b (36).)
Mr Davison, Sanitary Inspector for the Dunfermline district of Fife, states that the premises occupied
by this class require to be kept under constant supervision, as owing to the migratory habits of the men
there is always danger of their importing disease into the district. (4634 (39).) In this connection
the legal member of the Local Government Board says that it was the general opinion of the officials
from whom reports were obtained in the inquiry already referred to, that infectious diseases, especially
smallpox, were spread by the common practice of housing tramps for a few nights in the huts. (2
(464).) Dr Miller, Medical Officer of Health, Lochaber district of Inverness-shire, emphasises the need
for supervision both in regard to structure and size and internal fittings. (15,140a (23).) The re-
sponsibility for cleanliness in the huts seems to vary at different places ; sometimes the contractor is
responsible, elsewhere he lets the huts to a hut-keeper who is then in charge. (Macpherson, 2 (454,
462).) Dr Dewar, Medical Inspector of the Local Government Board, states that though huts for
navvies are of a uniform type they vary greatly in detail. " They may be almost entirely satisfactory,
' or they may be defectively built and defectively kept to a degree." (764 (72).) Dr Dewar finds no real
excuse for inadequate accommodation in the plea that the occupation of a hut is only for a time, but
points out that so-called " temporary " works may last two or three years or more. He suggests that
special byelaws should be framed to deal with this class of housing. (764 (73).)
1236. Description of Hut Village at Rosyth. — ^We think it may be of use as well as of interest if we
give here a summary of a statement furnished to us by Messrs Easton Gibb & Son, Limited, the con-
tractors for the work at Rosyth Naval Base. This statement gives particulars of the special accom-
modation provided by the firm for part of their workers, by means of the erection of a "hut " village. It
is realised, of course, that it is only on works of especial magnitude, extending over a period of years, that
such provision can be made.
1237. The works at Rosyth had been in operation nearly four years before it was decided by the
contractors to establish this village. It was felt that the housing accommodation in the neighbourhood
REPORT. 189
would not be nearly sufiBcient to meet the prospective requirements. Accordingly, the contractors at
the end of 1912 arranged to construct a self-contained village containing the following habitations, etc. : —
10 habitations, each containing accommodation for 26 lodgers.
V J)
4
9>
12
8
)»
8
4
>)
10
5
JJ
6
7
J>
5
Model lodging
-house for
.
. 133
habitations for navvy missionaries ; habitation for superintendent of the village ; police station ; church
and village hall ; village recreation-room ; grocery and provision and general store ; bakery ; butcher's
shop ; newspaper shop ; savings bank ; canteen ; mortuary ; disinfecting house. This village was in full
use six months later.
1238. In 1914 the following additional accommodation was provided : — 23 habitations, each with
accommodation for twelve lodgers ; 80 habitations for married couples, each containing kitchen and three
bedrooms ; 80 habitations tor married couples, each containing kitchen and two bedrooms ; and 40
habitations for married couples, each containing kitchen and one bedroom. All the habitations through-
out the village contain the usual scullery and pantry.
1239. Construction of Buildings. — ^All the buildings are constructed of wood framing, covered ex-
ternally with galvanised corrugated sheeting laid on felt, and internally with match boarding. They
are erected on piles driven into the ground, so as to permit of adequate air-space under the floors, and
also as a precaution against vermin. All the floors have been covered with linoleum by the tenants,
and no complaint has been made as regards draught entering through them.
1240. In the case of habitations erected in the early part of 1913, the fireplaces were built of brick,
but self-setting stoves, with the flue pipe passing through the roof of the building, were provided in the
habitations erected in the early part of 1914. These stoves are fixed about 2 feet from the wooden
partition, and protecting plates of galvanised iron are secured to the partition. A wrought-iron hearth
plate, insulated with asbestos sheeting, is placed imder each stove.
1241. The interiors of the habitations are either varnished or distempered periodically, but the
papering of the walls and ceilings is forbidden, as it is considered that this would be conducive to the
harbouring of vermin in cases where, owing to unforeseen circumstances, a dirty tenant happened to be
in possession of the habitation.
1242. All the habitations for lodgers are provided with sleeping quarters for the men, at the opposite
end of the building to those for the tenant. In the case of the larger habitations, a separate dining-hall,
fitted with cooking range, is provided for the lodgers ; and an ablution chamber, having lead-covered table
with draining channel at back, is also provided — the washing bowls being of the portable type. In the
smaller habitations the lodgers wash in the scullery.
1243. Model Lodging-house. — The model lodging-house provided in the village consists of dining-
hall, dormitories, and ablution chambers for the men, and quarters for the caretaker. A hot-plate for the
use of the men in cooking their food is also provided, and is erected in an annexe to the dining-hall.
1244. The sleeping quarters are divided into twelve dormitories, while night latrines, easy of access,
for each dormitory are provided, as well as day latrines.
1245. Sanitary Arrangements. — The closets are on the pan system, and drains are provided for
carrying away the sink water. The pans of the closets are emptied three or four times a week, at which
times the refuse from the houses (for the reception of which sanitary dust-bins are provided) is also carted
away.
1246. Lighting. — The roads, the shops, canteen, village hall, and village recreation-room are lighted
by electricity. In the case of habitations, oil-lamps are used for lighting purposes.
1247. Conditions of Tenancy. — All the habitations are tenanted by married men working for the firm,
or by the widows of men who have died while in their service, and are let on a weekly tenancy. The
rent charged for the habitations for lodgers is at the rate of Is. per week per lodger, except in the case of
the habitations for twenty-six lodgers, when the rent is £1 per week. That is, a habitation for five lodgers
would be 5s. per week rent, and for eight lodgers 8s. per week, and so on. No rates or taxes are paid by
the tenants. Coal is supplied to them at cost price, plus the cost of handling and carting.
1248. The contractors provide the bedsteads and bedding for the lodgers free of charge, and the
tenant is not allowed to charge them more than 5d. per night, or 2s. 6d. per week for their lodging, and
only men working for the contractors are allowed to live in the village. A separate bed is provided for
each lodger, and one man only is allowed to sleep in each bed, — what is known as " double-shifting "
the men as regards sleeping is forbidden.
1249. A large plot of land at the back of the habitation, and a smaller one at the front, is provided
for each habitation, the former for vegetable growing and the latter for flowers. In the habitations
for the smaller numbers of lodgers they (the lodgers) have their food in the same kitchen as the tenant,
who either boards them, or cooks the food for those who prefer to buy it themselves. In the larger
habitations the men have their meals in their own kitchen, but the tenant's wife does the cooking for them
if they desire it, or they are at liberty to use the range for cooking their own food.
1250. In all the habitations for lodgers, two bedrooms are provided for the use of the tenant and
his family.
1251. As regards the habitations for married couples, the following are the rents charged: —
Habitation with kitchen and 1 bedroom . . . .3s. 6d. per week.
„ „ 2 bedrooms . . . . 48. 3d. ,.
«t H <^ M .... OS.
190 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1252. Cost of Habitation. — The cost of the habitations for married couples , excluding roads and
drainage, water-supply, lighting, etc., was as follows : —
Kitchen and 1 bedroom £185
„ „ 2 bedrooms £225
» „ 3 „ £265
and the cost of the other habitations was approximately proportionate, based upon the cubic contents
of the buildings.
1253. Village Social Council. — The social work of the village is imder the general guidance of the
social council, composed of six members nominated by Messrs Easton Gibb & Son, Limited, from the
staff, and twelve popularly elected representatives from the village. A meeting must be held at least
once a month. The village hall is under the committee's control, except when it is required by the Rosyth
Mission. The committee also has a fund, placed at its disposal by the firm, from which it draws to start
different branches of social work. The aim of the council, however, is to endeavour to make the activities
of the village self-supporting, and thus remove the atmosphere of philanthropy.
1254. Medical. — ^Each workman pays l|d. per week for medicine and medical attendance for his wife
and family, and for himself in case of accident, none of these being included in the National Insurance
Scheme. A resident doctor is in the village, and a surgery is provided for his use. Medicine is delivered
to the habitations twice daily. This is part of the general medical organisation for the works, and is
under control of the medical committee, on which the village is represented.
1255. Special Statutory Powers of Control. — Having given this description, we now deal with the
special statutory powers of control over navvies' housing. Mr Macpherson draws attention to an im-
portant provision contained in No. 101 (a) of the General Orders imder the Private Legislation Procedure
(Scotland) Act, 1899, to the effect that, in the case of every Provisional Order for the construction of works
outside any burgh of 50,000 inhabitants, the Commissioners to whom the Order is remitted must consider
the sufficiency of the accommodation to be provided for the workers and for the treatment of sickness,
and, if they think further accommodation, etc., necessary, they must insert clauses in the Order ensuring
that this will be provided. (2 (466).) We note that advantage has already been taken of this provision,
and it may be interesting to summarise shortly the provisions on this subject, contained in one of the
most recent Acts, viz. the Glasgow Water Order Confij'mation Act of 1915.
1256. Section 27 of that Act provides that the Corporation must provide (a) such huts or other accom-
modation for the workmen employed on the works authorised by the Order, and (b) such hospital accom-
modation for the treatment of cases of sickness or accident among the workmen, including accommodation
for c^ses of infectious disease, as is reasonably necessary, having regard to the accommodation available
in the neighbourhood or conveniently accessible from the works. Sufficient sanitary accommodation
must be provided.
1257. The works authorised by the Order are, of course, not within the area of the Local Authority
of Glasgow, but in the area of another Local Authority. Accordingly, provision is made in the Act
whereby the Medical Officer of Health of the latter Local Authority is entitled at any time to enter
into and inspect the accommodation provided, in order to ascertain whether overcrowding exists, and
whether proper and sufficient sanitary arrangements are provided. If the Local Authority of the area
in which the works are being carried on are at any time of opinion that proper accommodation is not being
provided, they may require the Corporation to provide it. But in the event of the Corporation disputing
the reasonableness of the Local Authority's requirement, the matter is referred to the Local Government
Board for decision. Further, the Board themselves, if satisfied at any time that sufficient provision
is not made, are given power to require the Corporation to make provision to the satisfaction of the Board.
1258. Similar provision to the above has been inserted in other local Acts, and we presume will be
inserted where necessary in future Acts promoted by Local Authorities or other public bodies or companies.
If the powers given are fully exercised, there should be no further complaint as to the bad housing con-
ditions of navvies on works carried out under such special statutory authority ; but we note that there
is no provision in the section for consultation prior to the erection of the huts or other accommodation
between the Authority who are to carry out the works and the Local Authority of the district in which
the works are situated ; and, further, that the former Authority may not be aware of what are the require-
ments, if any, of the Local Authority. There may, too, be cases where a Local Authority or other body
under existing statutory powers propose to carry out works which will necessitate the employment of
considerable numbers of workmen for whom special accommodation had to be provided.
1259. RecomnLendatioris. — To meet these and any similar cases that may arise, we consider that
Local Authorities should be endowed with further powers than are at present possessed under the Public
Health Act. Accordingly, we recommend that every Local Authority should have power — and the
Local Government Board should, where they consider it necessary, be empowered to compel a Local
Authority to exercise that power — to frame byelaws dealing with the housing of navvies in respect of
the following matters : —
(1) The approval by the Local Authority of the site and plans of the huts before building is com-
menced, including approval of the material of construction, method of construction, arrangements for
carrying off rain-water, provision of roads and footpaths.
(2) The provision of beds and bedding, including the arrangement of the beds.
(3) The lighting, ventilation (including cubic space), cleanliness, and furnishing of the accommoda-
tion provided.
(4) The provision of suitable accommodation for the storage of food, for cooking and eating, for
the washing of clothes, and for the drying of wet clothes.
(5) The provision of a suitable water-supply and of suitable water-closet or 'p^ivj accommodation.
(6) The provision of washing, cooking, and feeding utensils and towels.
(7) The arrangements for the disposal of liquid and solid refuse matter and for the keeping clean of
the surroundings of the huts.
(8) The determining of the person responsible for carrying out the byelaws.
REPORT. 191
(9) The inspection by the Local Authority or their officers of the huts.
(10) The prevention of the spread of infectious disease among or by the occupants of the huts.
(11) The provision of suitable accommodation for the treatment of accident cases.
(12) Such other matters as the Local Government Board may from time to time by Order prescribe.
The byelaws would be subject to the usual provisions of the Public Health Act as to byelaws, i.e.
they would require, after due advertisement having been made and any objections heard, to be con-
firmed by the Local Government Board before coming into operation. A Local Authority would of
course be entitled to adopt such byelaws, even though no works of the nature to be controlled by the
byelaws were contemplated or in progress in their area. If, however, such works did eventually come
to be constructed, it might happen that the authority carrying out the works — ^who of course had no
interest to object at the time the byelaws were framed — ^had objections to the byelaws or some of the
provisions therein. In such a case we recommend that any dispute should be referable to the Local
Government Board for decision.
(6) Housing of Potato-Diggers.
1260. The housing of potato-diggers has received special attention since 1907 when the Local
Government Board made inquiries on the subject. As a result of these inquiries improvement is stated
to have been effected in numerous instances, and in 1910 the Board issued a circular to Local Authorities
impressuig on them the desirability of systematic inspection of the premises where diggers were housed,
and the need for the exercise of all available powers for the prevention of overcrowding and insanitary
conditions generally. (Macpherson, 2 (471) (477).)
1261. The growing of potatoes on such a scale as to require for their lifting the employment of gangs
of workers is confined to comparatively few areas in Scotland. While evidence placed before us shows
that such workers are employed chiefly in Ajrrshire, Haddingtonshire, Midlothian, Renfrewshire, Dum-
bartonshire, Fifeshire, and Perthshire, the largest number is employed in Ayrshire, where potato-grow-
ing for the early market has become a most important part of the agricultural industry of that county.
This industry in Ayrshire developed very rapidly after the railway was extended to Maybole and Girvan
in or about 1860, and it had a big expansion in the " seventies." (M'Creath, 12,754, 12,757, 12,761.)
The soil and the climate of the Ayrshire seaboard are specially suited for the cultivation of the early
potato. {Ibid., 12,759.) The evidence before us shows that the type of housing provided for potato-
diggers is very similar in all the counties named, and accordingly we propose to confine our description
of the conditions under which such workers are housed to Ayrshire, where all varieties of housing are
met with and where we ourselves made a special visit of inquiry and investigation during the digging
season.
1262. It may be pointed out that the potato-diggers are not necessarily the servants of the farmer
on whose fields they may be working. In the majority of cases the potatoes are harvested in the in-
terests of the potato merchant who has bought the standing crop and the diggers are his workers.
{Report of Ayrshire County Medical Officer for 1910, p. 47.) The question of the responsibility for the
housing of the workers will be discussed later (see Paragraph 1283).
1263. Description of Accommodation. — It is seldom that accommodation specially erected or pro-
vided for potato-diggers is found to exist. (Macpherson, 2 (472).) They are usually housed in such
farm buildings as lofts, bams, potato houses, byres, loose boxes, and other outhouses. (E. M. M'Vail,
1570 (119).) Some of these places, such as bams and potato houses, if provided with wooden floors,
form fairly satisfactory sleeping-places, but others, such as byres, are the very reverse. Byres have a
cold and cheerless aspect and are often badly lit They have also stone floors. Earthen floors are the
exception. (E. M. M'Vail, 1570 (121-2).) In one case it is reported that the accommodation pro-
vided, besides being badly lit and ventilated, was situated over a hen-house and was complained of as
verminous. (E. M. M'Vail, 1570 (123).) Our visits were made during the daytime, and we found the
ventilation good as a rule, but we were informed that at night the workers declined to have doors or
windows open. Dr Ehzabeth M'Vail points out, however, that she found the atmosphere often close
and malodorous, as it was apparently no one's business to see that the windows were opened in the
morning. {Ibid., 1570 (128).) The information before us indicated that there is Uttle actual overcrowd-
ing. (Macpherson, 2 (473) ; E. M. M'Vail, 1570 (125-6).)
1264. Beds and Bedding. — Beds are seldom provided. As a rule, straw or hay supplied by the farmer
is placed on the floor of the apartment. In cases where the floor is of earth it is needless to say the
arrangement is anything but satisfactory. In some cases the straw is placed on upturned wooden
potato boxes, thus forming a kind of rough wooden bedstead. Blankets and rugs are supplied by the
merchant. (Appendix No. XXIX. (14) ; E. M. M'Vail, 1570 (133).)
1265. Arrangements for Washing. — There is little or no provision made for the comfort of the diggers
in this respect. According to the County Medical Officer of Ayrshire, there are practically no arrange-
ments for personal ablution. The diggers wash in any pail they can get a hold of, at a spout or any-
where, and even the women do not have a covered-in place where they can wash in private. (Mac-
Donald, 12,648-9). With one or two exceptions, no special provision is made at the farms for the
washing of clothes. At Girvan Mains, one of the largest potato-growing farms in the county, special
washing-houses have been constructed which serve both for personal washing and for the washing of
clothes. At Carlung, near West Kilbride, there are troughs with an adequate supply of water, where
such washing maybe done. {Report of Ayrshire County Medical Officer for 1910, p. 52.) The water-
supply as a rule is sufficient, but sometimes at some distance away. (Appendix XXIX., 12.)
1266. Arrangements for Cooking and for Drying Wet Clothes. — Perhaps the greatest hardship which
seasonal workers have sometimes to endure is, according to Dr Ehzabeth M'Vail, the want of proper
convenience for drying of clothes and for cooking in wet weather. (M'Vail, 1570 (6).) At five of twenty-
five farms visited by her in Ayrshire, the only fires provided were on the groimd in the open. In a
number of other cases they were in chauffers outside, and these were said to be carried under cover in
wet weather. Some fires were built on the groimd under sheds 'which were often of the roughest de-
scription, affording little protection from wind and rain. {Ibid., 1570 (134).) In one case, however.
192 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
where a furnace and hot-plate under cover had been provided, Dr M'Vail was informed by the fanner
that the diggers had persisted in building the fire on the top of the hot-plate and that, in fear of the build-
ing being set on fire, hB had removed the furnace altogether, returning to his previous arrangement of
providing chauffers outside. Dr M'Vail adds — " This is another instance of the need for a caretaker."
(Ibid., 1570 (136).)
• 1267. The provision of a fire under cover seems to us an absolute necessity, more particularly in the
later period of the digging season, as the following extract from the Annual Report for 1910 of one of the
Sanitary Inspectors for the Kilmarnock District of Ayrshire will show : —
Outside fiires may be all very well under favourable climatic conditions, but during wet weather
they are totally inadequate. We foimd workers coming in soaked to the skin, and with absolutely
no means of drying their saturated clothing.
To quote Dr Elizabeth M'Vail, " the discomfort and danger of sitting in wet clothes after work and putting
' them on again still damp in the morning are obvious. The diggers on several occasions complained
' very bitterly on this score." (Ibid., 1570 (135).) Even when the fiires are under cover, it is stated that
there is often an insufficient number for the diggers using them. In one case Dr M'Vail reports that
there was only one fireplace for thirty-two people, as compared with one for fifteen as required by the
English Local Government Board's Model Byelaws for hop-pickers, and she adds that as the staple food
of the diggers is potatoes, which are supplied free by the merchant, it is important that there should be
a sufficient number of fireplaces on which to cook. (Ibid., 1570 (137).) Fireplaces for drying wet
clothes are sometimes provided in the sleeping apartments. This practice is objectionable. (Macpherson,
2 (475).)
1268. Apparently no accommodation is, as a rule, provided for the storing of food. Tables, too,
are seldom provided. (Appendix XXIX., 11.)
1269. Suitability of Existing, Accommodation. — ^From the description given above of the accommoda-
tion, it will be seen that the housing provided is, to use the words of Dr Campbell Munro, the County
Medical Officer of Renfrewshire, " of a rough-and-ready character." He considers, however, that for
people in good health it is not unsatisfactory, and adds that, in view of the shortness of residence of the
diggers at any particular farm-steading, it is impracticable to insist upon any elaborate arrangements
for their housing. (See Macpherson, 2 (476).) We may point out, however, that although each squad
of diggers may stay only for a short time at one farm, some diggers are engaged at the occupation for five
or six months in the year, whilst farm buildings are occupied for total periods of from one to six weeks
by different squads. (E. M. M'Vail, 1570 (120).) Accordingly, even though the evidence before us
indicates that there is little illness among the diggers (Appendix XXIX., 17; MacDonald, 12,621), we
consider that the existing accommodation is imsatisfactory and should be improved. Further, apart
from the actual accommodation provided, there are two matters in respect of which the evidence shows
the housing arrangements to be lamentably deficient.
1270. Separation of the Sexes. — The first of these is the separation of the sexes. It may be said
without exaggeration that this is practically non-existent. Even where separation is possible, it is
seldom practised, as apparently it is no one's business to see that it is carried out. At one farm we
inquired of the farmer whether the sexes were separated, and his reply was — " I bdieve just now they are
' separated." At another farm we were informed that the workers, including husbands and wives, were
separated ; but one worker whom we interviewed said that in at least one of the buildings on this farm
the sexes were not separated. At one place visited by us a cattle byre was used for housing the workers,
but the stone trevasses dividing off one stall from another constituted the only means of separation.
Where any attempt was made at separation, it was seldom sufficient to prove effective. In one case
the door between the apartments for males and females was missing, and the doorway was hung with
a sheet of canvas cloth. In other cases there was a wooden partition between the apartments, but it
did not extend to the roof and was easily chmbable. In one case the only separation apparent was that
the men slept on one side of the apartment, and the women on the other. At one farm children accom-
panied their parents, and men, women, and children all slept together. Our experience is supported by
the evidence. (See Macpherson, 2 (473) ; E. M. M'Vail, 1570 (130, etc.) ; MacDonald, 12,556, etc. ;
Russell, 12,742.)
1271. It was repeatedly stated to us by farmers that, even if separate sleeping accommodation were
provided, the workers would not use it. One farmer, however, remarked that " separation could be
' managed with firnmess." (Appendix XXIX., 8.) This is corroborated by the evidence of Dr M'Vail,
1570 (132).) The question of separation is a difficult one where several squads are housed at a farm at
the same time. It appears that members of different squads refuse to occupy the same apartment.
(E. M. M'Vail, 1570 (130).) The men of different squads will not go together, neither will the women.
The women, it is said, prefer to be in the same place as the men of their squad, as they are then free from
interference by men of other squads. (Appendix XXIX., 7 ; Russell, 12,742.)
1272. In cases where the workers came from Ireland — and a large proportion of them do — we were
invariably informed that no harm resulted from the want of separation. " Their conduct is exemplary,"
said one witness (Appendix XXIX., 8) ; while another referred to " their high standard of morality."
(Dewar, 764 (71).) But the problem is being aggrayated now because the diggers are not all Irish, but
a certain proportion of them are being brought from the slums of the great cities. There is no doubt
that these last require to be very carefully supervised and kept imder control. (MacDonald, 12,561 ;
Appendix XXIX., 8.)
1273. Sanitary Arrangements. — The second matter in respect of which the arrangements were very
defective was the lack of proper sanitary conveniences. In many cases no privy accommodation was
provided, and in such cases the workers made use of an adjoining wood or plantation. It was stated
to us that, where privies were provided, the diggers seldom used them. Judged by the condition of
some of the privies we saw, it was evident that the privies had been used, but when we saw them they were
quite imusable owing to their filthy condition. Considering, too, the open and exposed situation of
some privies we saw, it is not surprising that the workers, more especially the women, did not use them,
REPORT. 183
e.ij. where the privies for women immediately adjoined those for men. In some cases, too, no proper
seats were provided for the privies. (Appendix XXIX., 9 ; E. M. M'Vail, 1570 (139).)
1 274. The condition of the privies appeared to us to be due largely, to a want of supervision, and
even though it be the case, as is suggested, that many of the diggers are unaccustomed to sanitary arrange-
ments of any sort {Re-port of Ayrshire County Medical Officer for 1910, p. 51 ; see also Dewar, 764 (71)), we
nevertheless think that, if properly constructed privies (separate for the sexes) are provided in suitable
locations, and if adequate control is exercised over their use by some responsible party, the workers would
become educated to the proper use of the conveniences. As the number of workers to be provided for at
a farm varies greatly in different seasons, it would perhaps not be necessary to erect sufficient permanent
sanitary accommodation for the maximum number for the short periods they are housed, but, as sug-
gested by Dr M'Vail, we consider that the squads should be supplied by the potato merchant who
employs them with suitable portable privies.
1275. General Habits of the Diggers. — Reference has been made by some witnesses to the want of
cleanliness and general untidiness in the habits of the diggers.
1276. The Sanitary Inspector for the Carrick District of Ayrshire speaks of " disregard for methods
' of cleanliness, want of care, no system for keeping their beds tidy or of cooking their food properly,
' and carelessness in the disposal of refuse." (Russell, 12,705.) The conditions are worst after meals.
There is no provision for sweeping up, and although rough deals are provided for fitting to the tops of
the potato boxes to act as tables, this is often not done by the workers, with the result that the meals are
taken without the convenience of a table. (Russell, 12,720-1.)
1277. Dr Elizabeth M'Vail also refers to this want of cleanliness and gives instances of the imtidiness
of the surroundings of the workers, though she states that the Irish diggers are as a rule personally clean.
In two cases described by her, the riumel outside the door of the sleeping apartment was blocked by
potato-skins, which, she says, the diggers had been too careless to throw into the ashpit a short distance
ofE, and the floors were flooded with water. In another case, there was a stinking heap of decaying
organic matter at the door of a barn, thrown there by the inmates. The ashpit was at some distance,
but it would apparently have been a simple matter to put the refuse into a barrel, which could have been
emptied daily. The farmer, however, said that he had not been asked for a barrel, and the gaffer that he
had not been offered one. It seems as if the floors are rarely if ever swept, and, Dr M'Vail concludes, the
condition goes from bad to worse till the diggers depart, when the farmer is left with his buildings often
in a very filthy conditio}!. In Dr M'Vail's opinion, the state of dirt and untidiness in which diggers live
is to a large extent preventable, but the great defect is that no one is at present responsible for seeing
that the premises and surroundings are kept clean. The farmer says that he has no power over the workers,
and the gaffer (or head of the squad) says he carmot look after them, as he is in the fields all day.
1278. There is no doubt cause for complaint as to the dirty and untidy condition of the places where
the workers are housed and of the outside surroundings ; but it must, we think, be admitted that the
kind of accommodation provided does not tend to make the occupants take a pride in it. It has also
to be remembered that the diggers' work is by no means light and their day is a long one (ten hours).
If an hour is lost on one day owing to rain, it is made up on another. (E. M. M'Vail, 1570 (118), (127),
(129).) We can understand that the diggers, who have to cook their own food, are not much inclined
after their long and tiring day in the fields to pay any great attention to the cleanliness of their surround-
ings, more particularly as their stay at a farm may be very short. We agree with Dr M'Vail that the
chief defect of the present system is that no one is responsible for seeing that cleanliness is observed, and
we are of opinion that, if this responsibihty were fixed and if some person or persons — not necessarily
members of the squad — were appointed by the potato merchant to attend to the cleaning up of the
premises, a very considerable improvement would soon be apparent. The persons so appointed would
correspond to army " orderhes," and there should be an obligation on the potato merchant to appoint
such " squad orderlies."
1279. Recommendations. — Having carefully considered the evidence tendered by witnesses, supple-
mented as that evidence is with the impressions left on our minds as a result of the visit to the potato-
digging districts of Ayrshire, we conclude broadly that the housing of potato-diggers in Scotland is
thoroughly unsatisfactory. We keep in mind, of course, that potato-digging is a seasonal occupation,
and that the housing required is for a period — greater or lesser according to the circumstances— of the
year only. We have already pointed out that diggers may be engaged at their occupation for five or
six months ni the year, moving from place to place during these months, but continually subject during
that time to the conditions of housing which we have described. In our view it is therefore of importance
that the housing should be much improved. The present " rough-and-ready " standard is one which
should not be permitted to continue, and we are, at the same time, glad to think that a considerable
improvement can be effected without the necessity of great expense being incurred. (See M'Creath,
12,772, etc.)
1280. The first essential towards improvement seems to be to fix the responsibility for the housing.
At present, as the evidence clearly shows, there is divided responsibility. We found that there is an
attempt, first of all, by the farmer to fasten the responsibility on the potato merchant, who, in his turn,
seems to throw it back on the farmer. The consequence is that the liOcal Authority are impeded and
obstructed in their duties. (Macdonald, 12,510, etc. ; Appendix XXIX. (19).)
1281. At present the farmer supplies the structure of the housing — -such as it is, — the water, the
sanitary accommodation — if any, — and the means of making a fire. The merchant supplies blankets,
and the farmer supplies the straw for sleeping on. (Macdonald, 12,469 ; M'Vail, 1570 (120) (136).)
1282. Before recording our opinion as to what should be the allocation of responsibihty, it is necessary,
for the sake of clearness, to state who are the parties interested in the industry and what are their relations
to one another. There is first the landlord or proprietor of the farm, who presumably gets a rent pro-
portionate or at all events in some degree relative to the profits made in the industry, Second, the farmer
who tiUs the groimd, grows the potatoes, and, as a rule, sells them to potato merchants as growing crops.
Third, the potato merchants who buy the potatoes in the groimd, send workers to dig them up, do the
carting and railing of the potatoes, and eventually sell them on the market. Fourth, there are the potato-
xo
194 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
diggers who are employed by the merchants. The potato industry as we know it now, really only began
to occupy an important position in the late " sixties," took a big expansion in the " seventies, "^and has
gone on increasing. This, of course, is the period of the development of the " early " potatoes. Just
as in industrialism, so in this rural industry, the housing of the workers did not keep pace with^the success
of the industry ; and so it seems to us the people are suffering now from an accumulation^ofj want of
thought and planning for housing the workers of an industry which developed rapidly in the last forty
or fifty years. If the position had been realised sooner, the probability is that the^first three parties
whom we have mentioned above as interested in the potato industry would, by the constant interchange
and interplay of their different but by no means irreconcilable interests, have produced by this time
reasonably satisfactory housing for the workers. On these lines we are of opinion that the responsibiUty
for improving the housmg conditions should be so allocated or allotted that free scope is given to ordinary
economic or commercial conditions being brought into play, so that in the end the financial burden will
be shared by the landlord, the farmer, and the potato merchant according to their interests.
1283. Responsibility for Housing. — From the practical or administrative standpoint, definite responsi-
bility must be fixed. We are of opinion that the farmer is the party who should be responsible to the
Local Authority for the proper housing of the workers, subject to a certain responsibility which, as we
afterwards explain, should, we think, be placed upon the merchant. What, then, is the extent and nature
of the housing accommodation which the law should require of the farmer ?
1284. We think that there should be an obhgation on the part of the farmer to provide a certain
amoimt of acconmiodation on his farm. It may be that the amount required or used will vary from
year to year according to circumstances, but the farmer knows what is the average number of workers
usually accommodated at his farm at any one time during the potato-hfting season. The Local Authority
through their officers should also be able to form a fairly correct estimate of this number. Accordingly
we suggest that the farmer should be bound to provide accommodation to the satisfaction of the Local
Authority for the normal housing requirements of the potato-lifting season. It may be that this suggestion
will necessitate the provision of accommodation at the farm additional to the existing buildings. In
such cases we consider that the farmer should be empowered to call upon the landlord to provide the
accommodation required by the Local Authority on terms to be arranged between them, and failing
agreement on terms to be settled by an arbiter to be appointed by the Board of Agriculture.
1285. We accordingly recommend that any farmer on whose farm it is necessary to house workers
for the purpose of digging potatoes grown on the farm should be required to report to the Local Authority
in, say, the month of March in each year (or such other mouth as the Local Authority may determine)
the number of workers he proposes to provide accommodation for, and the extent and nature of the accom-
modation to be provided, and that the approval of the Local Authority should be required both to the
extent and nature of the accommodation. The application by the farmer for approval of the Local
Authority, as above, would give details not only of the housing structure, but of the living and sleeping
accommodation, the water-supply, the sanitary arrangements, and also the arrangements for separation
of the sexes, and for cooking, drying wet clothes, etc. The Local Authority on receipt of the application
would instruct their officers to visit the farm, and report to them whether or not approval should be given.
In intimating their approval, the Local Authority would stipulate the number of workers who could be
housed. In the event of the Local Authority disapproving both of the amount and nature of the accommo-
dation proposed, they would intimate this to the farmer, and it would then be a punishable offence if
the premises were used for housing purposes. If, however, the Local Authority consider sufficient
accommodation is not provided, they would then call on the farmer to provide the additional accommo-
dation they deem necessary. Pending a settlement of this matter, the Local Authority would, of course,
be entitled to approve, so far as it went, the existing accommodation if satisfactory.
1286. The responsibility for securing that proper use was made of the accommodation provided
would be allocated as follows : — The farmer's duty would be — having got the approval of the Local
Authority to a certain number of occupants — ^to intimate the number to the potato merchant or merchants.
The merchant would then be responsible for any overcrowding of the premises, and it would be a punish-
able offence on his part if he allowed overcrowding. The complication of two or more merchants who
wish to dig potatoes on the farm at the same time requires solution. Obviously, if the matter were to
be left as suggested above, viz. that the merchant is to be responsible for overcrowding, there would
be danger of the Local Authority having difficulty in fixing responsibility between one potato merchant
and another. Accordingly, we suggest that the potato merchant's duty, when intimating to the farmer
the date on which he is to send his gang of workers, must be to ask the farmer whether there are any workers
presently on the farm, and, if so, what is the extent of the accommodation, and how far it is not fully
occupied. If the answer is that a gang is already there, then the responsibility for any overcrowding
must rest upon the second potato merchant. The law should provide that the second potato merchant
must not send his gang of workers to the farm unless and imtil he knows that there is sufficient accommo-
dation for the number of workers he is to send. True, this may — if careful arrangements are not made
between the farmer and the potato merchant — ^lead to difficulty in having the potatoes lifted. We
think, however, that the importance of the housing question is such that the law on the matter ought to
be clearly defined, and we are confident that if it is clearly defined the parties responsible will very soon
produce proper business and working arrangements which will prevent overcrowding, and will not, on
the other hand, in any way handicap the industry.
1287. Accordingly, having dealt with the question of the amount of housing accommodation and
the prevention of overcrowding, we are of opinion that the responsibility for the use of the premises
must thereafter rest upon the potato merchant during the time that his gang of workers is in occupation.
The premises at the beginning of the season will have been certified by the Local Authority as suitable,
and they will also have certified the number of persons who can legally occupy them. This certificate
the farmer will be under obligation to have duly exhibited in some place where it can be readily seen.
He will, as we have said, be responsible for sending the information contained in the certificate to the potato
merchant or merchants. When the merchant has assumed occupation, he will take over the entire
responsibility for the conduct of the workers, for keeping order, and for the cleanliness of the premises.
REPORT. 195
He will also be responsible for leaving or restoring the premises at the termination of the occupancy
in or to the condition in which he received them. All action during the time of occupation for breach
of any requirements of the Local Authority will he against the potato merchant. The farmer will have
acquitted himself of responsibility in providing the premises in the first instance in a condition to the
satisfaction of the Local Authority.
1288. The farmer must give iatimation to the Local Authority of the date on which he expects
workers to arrive, giving the number thereof, male and female, ia order to enable the Local Authority
to satisfy themselves as to whether or not there is overcrowding.
1289. The responsibihty for the proper administration of the housing laws during the occupancy
of his workers being put upon the potato merchant, he would probably, in his own interest, appoint a
caretaker. At all events he would make the necessary arrangements for observing the requirements
of the Local Authority. The responsibihty having thus been allocated, the burdens on the industry
would adjust themselves. In the end the consumer would, in some form or other, have to share or bear
the financial burden, but there is no reason why the consumer should benefit, as he is benefiting at present,
by a certain measure of cheapness which is possible only because the worker is compelled to live for a
good part of the year under housing conditions which can only be described in many cases as conditions
of hardship and even of degradation.
1290. General. — Generally, we may say that we are not at all satisfied with the class of buildings
often used for housing the workers, and we should imagine, under the powers which we recommend
immediately should be conferred upon Local Authorities, there would be requirements laid down for
minimum housing, which, in a number of cases, may necessitate erection of new and improved buildings.
We do not think it necessary to go into the question of the nature of such new buildings if and where
required. These can be left safely to the experience of the Local Authority and the Local Government
Board, who will not demand more than is reasonable, considering that the buildings will only be occupied
part of the year, and also having in view, no doubt, what the industry can afiord. We consider that
the Local Authorities should permit the use of tents, provided that their approval is obtained to the sites
on which the tents would be placed, and that the other conditions of the byelaws are compUed with.
JxL the end of the day the accommodation should, we think, if our recommendations are carried out,
be much improved. There is certainly great room for improvement in regard to the supply of water,
sanitary arrangements, firing, lighting, bedding, and separation of the sexes. There may not be, as some
of the witnesses said, much demand on the part of the workers themselves for improved accommodation,
but we do not think that this fact — even if it were more universally applicable to the workers than it is —
in the slightest degree detracts from the duty of those responsible for providing a higher standard of
accommodation. Indeed, the fact that complaints may not be rife seems to us to make it the more neces-
sary to try, by raising the standard of these people, to improve their habits and conditions of life.
1291. Local Authority to frame Byelaws. — In order that machinery should be provided to carry out
the recommendations which we have made, we suggest that the various matters referred to should be
regulated by means of byelaws. Every Local Authority should have power — and the Local Government
Board should, where they consider it necessary, be empowered to compel a Local Authority to exercise
that power — to frame byelaws dealing with the housing of potato-diggers.
1292. The byelaws should provide that in cases where special huts or other accommodation are
being erected for the housing of such workers, the approval of the Local Authority should be obtained to
the site and plans of the huts before building is commenced, including approval of the material of con-
struction, method of construction, arrangements for carrying off rain-water, and proper means of access
to the huts.
1293. In addition, the byelaws should deal with the following matters : —
(1) The provision of suitable living and sleeping accommodation, with separation of the sexes, and
suflacient cubic space.
(2) The provision of beds and bedding, including the arrangement of the beds.
(3) The hghting, ventilation (including cubic space), cleanliness, and furnishing of the accommodation
provided.
(4) The provision of suitable accommodation for the storage of food, for cooking, for the washing of
clothes, and for the drying of wet clothes.
(5) The provision of a suitable water-supply and the provision of suitable water-closet or privy
accommodation for the separate use of the sexes.
(6) The provision of washing, cooking, and feeding utensils, and of towels.
(7) The arrangements for the disposal of liquid and solid refuse matter, and for the keeping clean
of the surroundings of the accommodation provided.
(8) The determinuig of the person responsible for carrying out the provisions of the byelaws.
(9) The inspection by the Local Authority, or their officers, of premises where such workers are,
or are beheved to be, housed, and for the yearly approval by the Local Authority of any such premises.
(10) Requiring the person responsible for carrying out the provisions of the byelaws to give previous
intimation to the Local Authority of the proposed arrival of such workers at any place within the
jurisdiction of the Local Authority.
(11) Such other matters as the Local Government Board may from time to time by Order prescribe.
1294. The byelaws would be subject to the usual provisions of the Public Health Act as to byelaws.
If the requirements of the Local Authority were embodied in byelaws, the farmer and potato merchant
would thus be aware of the duties devolving on them. It should also be a requirement that a copy of
the byelaws of the Local Authority should be hung in every building or apartment occupied by the workers,
who would thus see for themselves the nature of the accommodation to which they were entitled.
(c) Housing of Berry-Pickers.
1295. The fruit-growing trade, so far as carried out on any large scale, is confined to the counties
of Lanark and Perth, and only to certain parts of those coimties, viz. the Upper Ward District in Lanark-
196 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
shire and tlie Blairgowrie and Central Districts ui Pcrtlislme. We paid a visit to both these counties
and investigated the conditions on the spot.
1296. The essential difference between the housing of potato-diggers and berry-pickers is, that in
the case of the former the responsibility for the housing accommodation is, as we have already shown,
divided between the farmer, who merely provides the buildings, and the merchant, who supplies and pays
for the labour, whereas in the case of berry-pickers the fruit farmer alone would appear responsible. He
employs and pays for the labour, and he provides the accommodation. A further difference between the
two occupations is, that the fruit-picking season is a comparatively .short one, varying from four to six
weeks, although in the case of weeders it may extend to three months. (E. M. M'\ail, 1570 (28) (57).)
1297. Wages and Length of Day. — The practice as to payment of wages varies in the two counties.
In Perthshire pickers are paid by results, viz. at the rate of |d. per lb. of fruit pulled. An experienced
hand may make 3s. to 4s. a day. (E. M. M'Vail, 1570 (58), and Graham, 36,434.) In Lanarkshire they
are paid, according to the age and ability of the picker, from Is. to 4s. for a day of ten hours, and overtime
in proportion to the usual wage paid. These are all pre-war figures. (E. M. M'Vail, 1570 (29) ; Logan,
12,812 ; and Appendix XXX., 10.)
1298. Work commences generally at 7 a.m. and lasts till 5.30 p.m., with half-an-hour off at mid-day.
(E. M. M'Vail, 1570 (29).) It is, however, quite common at times for work to start at three in the morning
and go on to eight at night. (Logan 12,820. See also E. M. M'Vail, 1570 (43).) It is apparently very
difficult for the farmer to forecast the number of workers he will require at any particular date. The
fruit may ripen more slowly than was expected, and in consequence the workers are kept idle. On the
other hand, a night's rain may bring the fruit forward very quickly, and if the farmer does not take advan-
tage of the services of tramps and casual workers, he may lose tons of berries. (E. M. M'Vail, 1570 (21).)
1299. Description of Accommodation. — The pickers, generally speaking, are of four kinds — local
workers (including school children), for whom no special housing is required. Labour Exchange workers,
Industrial School boys, and tramps. (E. M. M'Vail, 1570 (21); Logan, 12,819.) The accommodation
provided is much the same as that for potato-diggers, already described, and, as in that case, cannot be
regarded as satisfactory. In some cases special provision was made for the workers, but ia most cases
any odd or vacant accommodation was considered suitable, such as disused cottages, byres, stables,
granaries, loose-boxes, sheds, lofts, bothies. In one case at least tents were used. (M'Vail, 1570 (31)
(36), 1584 ; M'NicoU, 36,424.) A description of the conditions generally would be more or less a repetition
of what we have said in regard to the housing of potato-diggers, and accordingly we content ourselves
with noting some of the more imsatisfactory types of accommodation that came under our notice, and as
a contrast indicating what has been done in a part of Perthshire to provide accommodation of what we
regard as a most satisfactory kind.
1300. Conditions in Lanarkshire, (a) Nature of Accmnmodation. — Dealing first with the housing
conditions as we saw them in the fruit-growing districts of the Upper Ward of Lanarkshire, we must say
that with a few exceptions we were very unfavourably impressed with the accommodation. As already
indicated, any odd or vacant accommodation was evidently deemed sufficient. In one case a coachhouse,
sufficient to accommodate only a small conveyance, had two iron beds in it, and accommodated two women
and one man. The window did not open. The beds were dirty and untidy. Further accommodation
at this same place consisted of a room in a very broken-down, dilapidated cottage. The inside and the
general surroundings of many of the places provided were very imtidy. (Appendix XXX., 1, 2.) One
bothy, partly constructed of old sleepers, had an earthen floor and a fixed window, ventilation being
secured through a hole in the gable. It will be seen from the evidence of Dr Elizabeth M'Vail that she
too, in the course of her inquiries, came across several unsatisfactory conditions. (E. M. M'Vail, 1570
(31-36).) Remarking on the want of cleanhness of the buildings occupied, she points out that at only
one of twenty-five farms visited was anyone paid to clean the bothy during working hours. At all
the others the responsibility for the cleanliness of the bothy lay with the workers themselves. In these
cases the results were not satisfactory. " Unmade beds, tables covered with'un washed dishes and broken
food, floors Uttered with straw and papers, and unused garments in all odd corners were very common."
She adds, however, that these conditions, while to a large extent preventable, were partly due to the
structure of the premises. [Ihid., 1570 (42).) In this connection we can but repeat what we have said
on the same subject under the description of the housing of potato-diggers, viz. that the nature of the
accommodation provided does not tend to foster any kind of " house-pride."
1301. So far as privy accommodation, arrangements for cooking, washing, drying clothes, etc., are
concerned, our observations in regard to potato-diggers in Ayrshire apply substantially to the fruit-pickers
in the Upper Ward of Lanarkshire. (See Appendix XXX., 4-8; E. M. M'Vail, 1570 (43-49); J. T.
Wilson, 12,877-9, 12,912-5.)
1302. (b) Separation of the Sexes. — Want of separation of the sexes prevails, but not to the same
extent as amongst the Ayrshire potato-diggers. At some of the fruit farms female workers only are
employed, and at others males only. Where, however, the two sexes were employed on the same farm,
separation in the strict sense was practically non-existent. In one shed, divided into two for men and
women, entrance was easily obtained from the one part to the other. In another case the women's apart-
ment opened off the men's by means of a ladder, which was not drawn up at night. (Appendix XXX., 3.)
Our experience is corroborated by witnesses (see_J)rysdale Robertson, 2057 ; Logan, 12,802-8 ; J. T.
Wilson, 12,884), although Dr Ehzabeth M'Vail states that except in the case of married couples there
were only two farms in the Upper Ward where it was necessary for the two sexes to use the same sleeping
apartment. (E. M. M'Vail, 1570 (41).) It has been suggested that in this connection a practical solution
would be for some farmers to take men only and others women only, and, as we have already stated, this
system has already been adopted by certain farmers. Our evidence shows, however, that this is not a
complete solution, in that after working hours the men frequent the places where the women are employed.
(J. T. Wilson, 12,858 ; Paterson, 12,859 ; Appendix XXX., 3.)
1303. (c) Responsibility for Cleanliness. — This leads to the question of management. Dr Ehzabeth
M'Vail finds that the need for caretakers is very apparent. The workers were almost invariably respon-
sible for the cleaning of their lodging, this operation being usually postponed until the evening, and some-
REPORT. 197
times not performed till Saturday night, so that an atmosphere of untidiness prevailed in most of the
places, though to this condition there were also exceptions. {Ibid. , 1570 (17), (42). ) One witness suggested
that the presence of a caretaker to clean the premises and do the cooking for the workers would do much
to lessen the drinking which prevails amongst them (Logan, 12,835.) In the opinion of Dr J. T. Wilson,
the Coimty Medical Officer of Lanarkshire, effective management could be best carried out by means of
a central bothy with a suitable caretaker, though he admits the disadvantages under that arrangement
of the workers being probably housed at a distance from the farm. {Ibid., 12,892, etc.) Speaking of
the character of the workers in this part of Lanarkshire, Dr M'Vail reports that she foimd them on the
whole decent and respectable. {Ibid., 1570 (50).)
1304. {d) Number of Workers.— We have no information before us to show the extent of the housing
problem in Lanarkshire so far as the number of these workers is concerned ; but it may be noted that the
County Medical Officer estimates that the workers will number from 3000 to 4000, though, of course,
many of these are recraited from local labour, for whom special housing is not necessary, as they return
to their own homes each night. (J. T. Wilson, 12,869.)
1305. Conditims in Perthshire, (a) Number of Workers. — The problem in Perthshire so far as
numbers go is greater than in Lanarkshire. One witness estimated that in the Blairgowrie district of
the former coimty about 6000 pickers were employed at the height of the season, and that this number
would increase in the future, as more land is gradually being put out in fruit. Of that number probably
1500 are housed by the growers or in common lodging-houses in Blairgowrie ; the remainder have " to
' find shelter where they can — some in outhouses, some in tents or ' kraals,' others in woods or by the river
' side, where the trees and bushes furnish them with cover." (Gunnison, 35,308, 35,287 (1).) In the
central district of the county, where, as already stated, fruit is also grown on a large scale, it would seem
from the evidence of Dr Ehzabeth M'Vail that probably 1000 pickers are employed for whom accommoda-
tion is provided by the fruit farmer. {Ibid., 1570 (60), (72), (89), (101).) It may, therefore, be said with a
fair degree of accuracy that during the height of the fruit season in Perthshire at least 7000 persons are
employed as pickers.
1306. (6) Nature of Accorrtmodatiort, for Casual Workers. — The housing conditions of the berry-pickers
in Perthshire differ somewhat from those in Jjanarkshire. We found the accommodation in most cases
rather better than in the latter county. But before we proceed to give an account of the conditions as
we found them on the fruit farms and as described by witnesses, we first desire to refer to the large class
for whom, as already shown, no special accommodation is provided. Many of this class are of the tramp
or vagrant type, but apparently very many of them are inhabitants of Dundee, who spend their annual
holiday week in working in the fniit fields. The conditions under which these workers are housed are
far from satisfactory. The problem is, of course, aggravated by the fact that the period of employment
is very brief, and that a very large number of persons require to be housed during that period. The
average season is of about six weeks' duration, but is at its height for only two or three weeks (Cimnison,
35,287 (1)), and, as already indicated, the congestion is very acute during the Dundee hoUday week
towards the end of July.
1307. The Sanitary Inspector of Blairgowrie gives particulars of a glaring case of overcrowding that
came under his notice about the end of July 1913 in one of the houses in a terrace within a mile of Blair-
gowrie. We cannot do better than quote his own account of the conditions found. He says : —
I visited the place at midnight, and found in a two-roomed house, with a cubic capacity of 4005
feet, 45 grown-up persons, with 1 or 2 children — 20 men and 2 women in the living-room, and 23
women in the adjoining room. This works out at 89 cubic feet to each person, instead of 300 as
required in common lodging-houses. They were all lying On the floor, with the exception of 2 women,
who were cooking food in the living-room, and 3 young women who could find no floor space to lie on,
and were seated on a box in the centre of the room. Some of the men had their boots off ; none of
the men or women had their clothes ofi. In other houses in the same terrace I found numbers far
in excess of the cubic space necessary, but the place related was the worst. (Gunnison, 35,287 (2).)
1308. The same witness also states that it is a common sight during the picking season to see men,
women, and children camping by the river side near Blairgowrie under coverings of every conceivable
kind, from the " kraal," already mentioned, to bits of canvas, old bags, and pieces of linoleum spread over
the branches of trees and bushes, and held down by ropes loaded with stones. In fine, warm weather
the hardship may not be great, but in wet weather the conditions are deplorable. {Ibid., 35,287 (3).)
1309. (c) Nature of Accommodation provided at Farms. — We may now proceed to describe the con-
ditions where accommodation is provided by the growers. The farms in Perthshire are larger, and the
bothies where berry-pickers are housed are also larger than in Lanarkshire. As a rule caretakers were
provided, but in several instances they presented a rough and slovenly appearance, and were not of the
type to be effectual. A general absence of washing accommodation was noted. It was observed that
bousing in tents was carried out at one of the farms in a fairly satisfactory way, though conditions in wet
weather would be less satisfactory. In connection with this method of housing there was a cooking hut,
a good privy, and washing accommodation for women. This is the only instance where berry-pickers
are housed in tents. (M'NicoU, 36,424.) At one farm visited, a low class of worker was accommodated
in old corrugated iron buildings, badly designed and badly kept. There was a sleeping place for men,
and another place divided for famiUes — charge, 4d. per night. These rooms were badly Ut and badly
ventilated. The occupants were locked in at night. Another farm had poor accommodation in a row
of sheds, another had somewhat better provision in an old disused mill. In contrast to these was a small
farm of 38| acres, accommodating forty-two workers, for whom is erected a neat bothy, with brick walls,
wooden floor and wooden fittings, and good washing and sanitary provision. The bothy and the bedding
were perfectly clean. The farmer supervises things himself, employs women only, and gets a good class
of worker. Meals are provided at a small charge in an outhouse on the steading adapted for use as a
dining-room. We found this an interesting example of what can be done by a small grower independently.
1310. Of the three farms in the Central District of Perthshire which house workers, two are large
estates, one belonging to a limited company and one being run on syndicate lines. On one of these
198 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
estates two fanners had holdings and looked after their own workers ; on the third farm the occupant
was responsible for the housing. (E. M. M'Vail, 1570 (53).)
1311. The different classes of workersTwere differently accommodated on the estates referred to.
Tramps were housed in farm outbuildings, such as lofts, byres, cartsheds, etc., no charge being made ;
the sexes were separate except where they were married or " said to be married," in which cases all such
couples occupied buildings in common. No beds were provided, but loose straw was laid on the earthen,
stone, or wooden floor ; there were no bedclothes, the workers as a rule covering themselves with any
extra clothing they had brought with them. Water supply was from a pump well. Sanitary accommo-
dation consisted of pail-privies. In the opinion of Dr M'Vail the arrangements for housing this class
of workers left something to be desired. (E. M. M'Vail, 1570 (52-114).)
1312. The Labour Exchange workers were well housed in bothies ; the farmer provided straw for
bedding, also blankets and sheets. On one of the farms the workers were all women. One hundred
were housed in three good bothies, with corrugated iron roof and walls ; the floors were of wood ; these
bothies were well lit and well ventilated ; arrangements for dividing the apartments into four by par-
titions in the event of an epidemic breaking out were provided. There was sanitary and washing
accommodation, but no provision for drying clothes. A shop erected on the steading provided food for
all classes of workers in common ; besides the shop a large open shed was in use as an eating room. This
was taken advantage of by the Labour Exchange workers, many of the tramps preferring to cook and
eat their meals in the open. In none of the bothies had the workers access to a fire under cover, either
for drying clothes or for cooking. (E. M. M'Vail, 1570 (66-70).)
1313. On a farm of about 40 acres of raspberries, the workers were all boys from an industrial school
in Glasgow ; the majority were between twelve and sixteen years of age. A superintendent and eight
teachers accompanied the boys. They were accommodated in six dormitories, with good lighting and
ventilation ; beds with wooden frames were given, most of the bedding being provided by the school. A
dining-room and kitchen and storeroom were attached to the buildings ; an emergency dormitory was
also provided. The sanitary accommodation consisted of pail-privies ; water was carted from a sunk well
near to the bothies, or from the farm if the former ran short ; a rain-water barrel provided water for
washing. The boys made their own beds and looked after the bothies, which were well kept. The
cleanliness of the hands of these workers was noted as compared with the adult workers. (E. M. M'Vail,
1570 (94-97).)
1314. (d) Special Accommodation at West Essendy. — -The most successful attempt to cope with the
housing difficulties was made at the farm of West Essendy, about three miles from Blairgowrie.
1315. The estate was bought by a company, and over 200 acres were resold to 14 fruit-growers in
lots varying in size from 5 to 25 acres. The price was to be paid by instalments over a period of ten
years, any unpaid balances bearing interest at 4 per cent. Most of the land was planted in raspberries,
and the growers agreed to work on a co-operative basis. An agent was appointed to sell the fruit and
pool the price obtained, each individual being paid on the basis of the average price per ton obtained for
the fruit during the season.
1316. As part of their working plant, the co-operators agreed to erect buildings, and the first of these,
to accommodate 200 pickers, was erected in 1905 at a cost of £733. Since then further expenditure
amounting to £2708 has been incurred, and accommodation is now provided for about 1000 persons.
(Keay, 12,930 (3), (10).)
1317. The buildings, well spread out, are erected on a piece of moorland about 9 acres in extent,
and consist of dormitories, dining-room, kitchen, and stores, some built of brick with corrugated iron
roofs and others entirely of corrugated iron. The dormitories are furnished with iron bedsteads, with chaff
bed, pillow, pair of blankets, sheet, and bedcover for each bed. A superintendent, matron, and seryant
are provided to look after the dormitories, while the kitchen and dining-halls are run as a restaurant,
where about twenty servants are employed cooking and serving food. (Keay, 12,930 (4) (5), (12), (13).)
1318. The workers of course pay for the accommodation provided, but the annual expenses of run-
ning it are more than the sums received from the workers. Mr Keay, one of the directors, points out
that on this head the company lost £107 in the year 1912, and that the food prices are so low that the
restaurant is usually run at a loss. (Ibid., 12,962.) It has, however, apparently been found that it is
very inconvenient to have all the workers living together at one part of the estate, as, owing to the
extent of the land under fruit, too much time is taken up in going to and fro to meals, etc. It would seem
that since our visit the settlement at Essendy has been broken up, and the accommodation has been
scattered over the estate. This must add considerably to the cost of all the services hitherto pro-
vided at one centre. (Keay, 12,930 (14) ; Graham, 36,419.)
1319. Rating Difficulties in Perthshire. — -The directors of the Essendy experiment just described
allege unfair treatment by the assessing authority. The buildings put up for the purpose of housing
the pickers are only used for about two months of the year, and yet the owner is assessed on the same
basis as though they were occupied all the year round. The directors claim that they should be re-
lieved of occupiers' rates during the period the buildings are unused, i.e. that for the ten months of the
year they should be treated as unlet. (Keay, 12,930 (8).)
1320. Further, the Directors claim that the accommodation provided for the pickers should get the
benefit of relief under the Agricultural Eates Relief Act, 1896. Houses used by the ordinary farm
servant are treated as part of the farm buildings "by the assessor, and the occupier is only assessed on
three-eighths of his rent, but the fruit-grower gets no relief for the buildings he has put up for the
accommodation of the workers, who are equally necessary to his industry. (Keay, 12,930 (6-8).)
1321. It is held that this method of rating is a direct discouragement to the erection of decent
accommodation for the pickers. So long as they are crowded into outhouses and other farm buildings
the farmer has relief to the extent of five-eighths of his rent and no expense for new erections (Keay,
13,016) ; but the moment decent houses are provided (and the better they are the higher the valuation),
rates on the full rental are charged. " You are asking us to provide better housing. It is not our
interest to provide better housing. We could let the people sleep out in the hedge-rows, and get our
fruit picked in the same way, and we would escape all these rates." (Keay, 12,968.)
REPORT. 199
1322. An additional ground of complaint is the rise in the valuation of the land. At the time it
was bought the price was equivalent to lis. 7d. per acre, which included moor and arable land as well.
About 200 acres were discarded and sold to a neighbouring proprietor, and the remaining land, now in
fruit, averaged about 15s. per acre. The directors claim that the increased value of the land — it is now
assessed at £3 an acre — is due to their own labour and the purpose to which it has been put. (Keay,
12,980.)
1323. Recommendations. — -At present any action that is taken by the Local Authority for dealing
with the housing of berry -pickers is under section 73 of the Public Health Act. That section is intended
to regulate the occupation of tents, vans, or sheds, but does not seem entirely suitable for the regulation
of housing, which, although temporary, is stationary. For example, it is pointed out by Dr M'Vail
that under some of these byelaws 200 feet of cubic space is allowed per person, which is really insufficient
for the accommodation of potato-diggers or berry -pickers, but is only permitted because tents, vans, and
sheds are structures commonly used by itinerants, and hence convenience and cost of transit have to be
taken into consideration by the authorities framing the byelaws. (M'Vail, 1570 (12).)
1324. Further, although a Local Authority may make byelaws under that section for the promo-
tion of cleanliness, the prevention of overcrowding, and the checking of infectious disease, they have
apparently no power to deal with such questions as the separation of the sexes, and the expression
" habitable condition of tents, vans, and sheds " in the section does not appear to cover accommodation
for cooking, for drying of clothes, and arrangements for Washing.
1325. It will, we think, be seen from the descriptions we have given above that the housing of these
workers is practically the same as the housing of potato-diggers, except that the former case is not com-
plicated by the position of a middleman such as the potato merchant between the farmers and the
workers. Accordingly we consider that our recommendations already made in regard to the housing of
potato-diggers are equally applicable to the housing of fruit-pickers ; subject, however, to this provision,
that the responsibility for the housing wiU in the latter case rest entirely with the fruit grower or farmer.
(d) Housing of Herring-Gutters.
1326. In 1906 the Home Office drew the attention of the Local Government Board to the conditions
imder which women engaged iu the herring-curing industry at various Scottish ports were housed. As
the result of reports then obtained by the Board from Local Authorities concerned, and of subsequent
communications from the Board, some improvement was efEected in the conditions (Macpherson, 2 (467),
(477)) ; but the evidence before us (which of course applies to the pre-war period) and our own inquiries
show that there is still room for considerable improvement. We investigated for ourselves the conditions
prevailing in Orkney and Shetland, as well as in some of the seaport towns on the mainland. In many
places special hut accommodation is not provided for the workers, who find accommodation in houses
in the town or village where their work is carried on. The consequence is that at the height of the fishing
season in these places there is a great amoimt of overcrowding. An instance of this is given by a witness
from Wick. In one case there were six women and three children in one room, and at the week-ends the
husbands of three of the women joined them, all living in the one room. This state of overcrowding, he
says, is common in the fishing season, and continues from the beginning of May till well into September.
(Macdonald, 16,379-84.) If more effective control were exercised by the Local Authority in regard to
overcrowding — as we suggest in another part of this report (see Chapter XII.) — ^the curers would be
compelled to provide special accommodation for their workers. This special accommodation would also
be subject to further control by the Local Authority, as we suggest below ; and that some control is required
will be seen from the description of the huts or other such accommodation at present provided.
1327. Places where Workers employed. — ^At the time of the herring fishing there is a large influx of
workers to the following places : — Aberdeen, Peterhead, Fraserburgh, Wick, Stronsay, Stromness (Orkney),
Lerwick, Stomoway, Castlebay (Barra), and Mallaig. On the East Coast, in Orkney and Shetland, and
at Mallaig, wooden huts are as a rule provided for the women gutters. {Cf. Skinner, Appendix I., 9, 10.)
1328. Number of Workers. — ^According to information supplied by the late General Inspector of
the Fishery Board for Scotland, the number of fish-workers normally resident in Peterhead is 1343.
During the fishing season there is an influx of 775 workers. For Fraserburgh the figures are 1249 and
1216 respectively ; for Wick, 890 and 656 ; for Orkney, 195 and 956 ; for Shetland, 1248 and 2365.
(Skinner, Appendix II.) These figures give an indication of the extra demand there is on the available
accommodation during the fishing season. In Stronsay (Orkney) it is stated that at the height of the
fishing season every available house is packed to overflowing, and that the same holds true of Mallaig.
(Skinner, Appendix I., 11 ; also Macrae, 27,971, 27,981.) '
1329. In the years before 1914, with the increase of steam- and motor-boats, the herring industry
enormously expanded ; the fishing season was lengthened and the area of operations increased. The
result was that a larger number of persons was engaged in fishing and new fishing stations were opened
up. (Dittmar, 340 (66).) The greater number of workers are women engaged in gutting, curing, and
packing the herring. They flock to the fish-curing stations in large numbers during the summer months,
where temporary acconomodation is provided for them. They usually work in groups — or as they are
termed, " crews "—of three, two gutting and one packing. The men who are employed are usually coopers.
There is one man for every four crews. (Paterson, 2367.) The men are better provided for than the girls.
(Ibid., 2369-70.) According to Dr Dittmar, Medical Inspector of the Local Government Board, their
acconomodation may be regarded as adequate. (Ibid., 340 (67) (e).)
1330. Description of Accommodation. — Speaking generally, the houses that are put up for herrmg
gutters are constructed of wood or of wood and corrugated iron. They are placed on a stone or concrete
foundation, and are thus about a foot above the surface of the ground. The roofs are of corrugated
iron, though in some cases wooden roofs covered with tarred felt are used. The partition between rooms
frequently does not extend to the roof. The outer walls are only one plank thick and the fissures between
the boards admit the air. Even when sheathed with corrugated iron, the walls cannot be made air-tight.
As a general rule, fairly efficient means for lighting and ventilation are provided. Sleeping-bvmks are
200 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
placed in two tiers against one of the walls of the room. The girls sleep three a bed, and there are usually
two beds to a room. The cubic space per person in the rooms is usually between 200 and 260 cubic
feet, but Dr Dittmar considers that, looking to the construction of the huts and other circumstances,
this may be regarded as sufficient. (Dittmar, 340 (67) (b), (c), and (e). ) The girls provide their own bedding
and furniture. As stated by Miss Paterson in her Annual Eeport for 1905 as Inspector of Factories and
Workshops imder the Home Office, the hut as it comes into the possession of the temporary' workers " is
'merely a shell" ; the workers have to make it a "home." A grate or oil stove and the wooden
frame of the beds are the only furnishings. The single room of the hut constitutes the only provision
for the comfort of the workers ; there is no common living-room apart from the sleeping-room, no washing-
house, and no special cooking-room. Dr Dittmar remarks on the cleanliness of the rooms, and adds that
the occupants were, as a rule, healthy looking and rosy cheeked. {Ibid., 340 (67) (c).)
1331. At Fraserburgh and Peterhead, barracks have been built by the curers adjacent to the yards.
Tlie buildings are generally used for curing purposes on the ground floor, or for storage purposes. The
upper floor is divided into large cubicles or small rooms all entering off a long passage runnmg along the
back wall of the building. The curers provide bedsteads, tables, and fireplace or stove, as in the huts,
but the women have to clean, paper, and furnish the rooms for themselves. Water is generally got from
a tap and sink at the ends of the passage, and in one or two cases water-closet accommodation has been
provided. A description of one such building will be foimd in a Report to the Local Government Board
by Dr Dittmar, an extract from which is printed in Appendix CLXXIV.
1332. Water-Supply. — ^Mr Macpherson has shown that the difficulty of providing water-supply in
the fishing centres is well known to the authorities, and states that the Local Government Board have
been advised that it is not the duty of the Local Authority to provide a water-supply sufficient to meet
the needs of the temporary fishing populations. {Ibid., 2 (49).) The chief difficulty is not so much
scarcity of water as the expense of bringing it to the areas where it is required. Mr John Skinner, late
General Inspector of Fisheries, pointed out that the fishing might at any time fall off, and the Local
Authority, having no guarantee that the temporary population will return regularly, are unwilling to
face the expenditure of a water-supply. {Ibid., 695.) We are led to understand, however, that this argu-
ment does not now apply to the same extent as formerly, and that in view of the extended use of steam-
and motor power for fishing vessels, the permanency of fishing stations is in future likely to be more assured.
The absence of an adequate supply of water during the summer months amongst the large population
that gathei-s at some centres is a serious matter, and, as Dr Dittmar points out, with such scarcity of
water little can be spared lor personal ablutions. The trouble about want of water applies only at
some of the fishing stations in the county areas where the workers have to go a distance for it to a well
or bum or pump. The burghs have usually a plentiful supply of gravitation water. {Ibid., 340 (67)
m, (70).)
1333. Sanitary Accommodation. — So long as the water difficulty remains imsolved, the provisioii of
water-closet accommodation at curing stations that have a scant supply is not possible. Resort has,
therefore, to be had in such cases to privy accommodation. The reports obtained by the Local Govern-
ment Board in 1906 showed that the want of privj' accommodation was one of the chief defects of the
housing. Even where it was provided, it was so close to the men's privies, or in so open a position, that
the women did not use it. (Macpherson, 2 (469).) Dr Dittmar, Medical Inspector of the Local Govern-
ment Board, reports in similar terms. (Dittmar, 340 (67) {k) ; see also White, 12,156 ; Sutherland,
12,329.) Miss Paterson, referring to the fact that such conveniences are not used, points out that the
class of women employed as gutters, more especially the West Highland women, are very easily offended
in their sense of decency. (Paterson, 2333.) The result is that, as Dr Dittmar expresses it, " the women
' go to the hillside and commit a nuisanc* along the sides of the walls separating one field from another,
' and also in any old ruinous house that is to be found." He is of opinion that large cloak-rooms with
lavatory basins and water-closet accommodation should be provided, but admits that in the absence of
an adequate water-supply this is not practicable. (Dittmar, 340 (67) {k).) Miss Paterson is of opmion
that there is no use adding to the kind of accommodation already provided. (Paterson, 2333.) In the
absence of a sufficient water-supply and suitable drainage, it would seem as if the privy system must con-
tinue, and it should be made possible for the Local Authority to require the provision of suitable accom-
modation in places where it would be likely to be used. It is alleged, however, that even where proper
water-closet accommodation is provided, difficulty is experienced in getting the women to use it, and that
this is the experience at Yarmouth and Lowestoft, especially among the Highland women. (Paterson,
2335.) We understand that this is true only of the accommodation in the yards on the Dunes where
the accommodation is public. Where proper accommodation is provided in the yards there is said to be
no difficulty.
1334. An improvement on the ordinary conditions is foimd at Wick, where the " Fish-Workers' Rest "
seems to meet the difficulties of the situation. Of these Rests there are two in number, and they comprise
a common room, where the girls can spend their spare time and have a meal, and where sanitary accommo-
dation is provided. At each of the Rests a woman is in charge. The Rests are stated to be provided
by the Harbour Commissioners. (Paterson, 2335, 2357.) This is evidently the type of accommodation
that is required and appreciated by the female workers.
1335. Becomm^ndations. {a) Control by Officers of Local Authority. — There does not appear to have
been much done by the Local Authorities hitherto in the way of regulating those huts that are specially
provided for the herring gutters. The site and method of construction are apparently not open to control,
but a certain amount of supervision would appear possible by means of byelaws for houses let in lodgings.
(Macpherson, 2 (469).) Dr Dittmar, however, does not think that anything would be gained by register-
ing these dwellings as houses let in lodgings. He says that if this were done the supervision now exercised
by the curers would probably fall into abeyance and the places would be left to be supervised by the
utterly inadequate staff provided by a rural Local Authority. (Dittmar, 340 (67) (n).)
1336. We recognise that, especially as regards the fishing stations in Orkney and Shetland, it is a
matter of considerable difficulty for the Local Authorities with their present staffs to exercise anything
like sufficient control over the occupancy of these huts. In another part of this Report we deal with the
REPORT. 201
question of the insufficiency of the sanitary staffs of Local Authorities for the duties placed upon them,
and we make suggestions for combinations of the existing health authorities with a view to the more
effective exercise of the public health powers. These proposals will, we think, help to overcome the
difficulties hitherto experienced by several Local Authorities in securing efficient superinteridence by
their officers of the huts provided for the herring-gutters.
1337. (b) Supervision by Officers of Local Government Board.— Miss Paterson in her evidence considers
that the Local Authority are imable to provide the necessary supervision, and she suggests that there
should be attached to the staff of the Local Government Board some capable women inspectors who could
go from one curing station to another and exercise the supervision that is required. (Ibid., 2343, 2354.)
We are of opinion that such women inspectors should be attached to the staff of the Local Government
Board, and that during the fishing season they should inspect the various stations and assist the officers
of the Local Authority in securing the proper use of the accommodation provided. Such women in-
spectors would also be available for the inspection of the housing conditions of potato-diggers and berry-
pickers and for general inspectorial work throughout Scotland. There need, we think, be no fear that
their time would not be fully occupied throughout the year.
1338. (c) Local Authority to frame Byelaws. — As we have already indicated, the powers of Local
Authorities require strengthening to enable them to control the erection and occupancy' of these huts.
We consider that, as in the case of huts for navvies, the approval of the Local Authority should first be
obtained to the site and plans of all such erections before building is commenced. This would secure
the buildings being placed on a healthy site and a proper form of construction being observed. In addition
the Local Authority should be empowered to frame byelaws for herring-gutters similar to those we have
suggested for potato-diggers and berry-pickers, and the Local Grovernment Board should be empowered
to require any Local Authority to frame such byelaws. We do not consider, however, that the byelaws as
to provision of washing, cooking, and feeding utensils and towels should be made applicable to herring-
gutters. We understand they are not appropriate to the special circumstances of the housing of the
herring-gutters, and our recommendation above as to the application of the byelaws for berry-pickers and
potato-diggers is made subject to this modification.
1339. {d) Provision of Water-Supply. — Reference has been made to the water-supply difficulty.
We have shown that in the past there has been uncertainty as to the permanency of fishing stations,
but that this imcertainty will in future more or less disappear in consequence of the extended use of vessels
fitted with steam- and motor-power. It may be, therefore, that in future the fishing stations will be chiefly
centred at the principal fishing ports, and that the establishment of new fishing centres in isolated districts
where water is scarce or can only be obtained at heavy expense will not be likely to occur. In the former
case the ports are probably already well supplied with water, the Local Authorities having provided a
supply for the ordinary inhabitants. Any surplus over what is required for the ordinary domestic needs
will be available to the curers on terms to be arranged with the Local Authority, and in such cases our
evidence does not show that the supply is insufficient. The difficulties as to water-supply arose at some
of the more outljring stations within the areas of Local Authorities who were financially unable to under-
take the carrying out of the necessary scheme. Where at any fishing port the existing supply is no more
than sufficient for the needs of the ordinary inhabitants, or where a new station is established in a situation
where no supply is readily and easily available, we do not think it would be reasonable to enact that the
Local Authority must provide the necessary supply and take the risk of being or not being recouped
their expense in so doing by the charges paid by the curer for the water consumed. Even assuming ,
that the multiplication of vessels fitted with steam- and motor-power will tend towards the fiehing remain-
ing in an established centre or will ensure that a new station will be a permanent one, the Local Authority
have no guarantee that this will be so, and we do not see that they as at present constituted and with
their existing restricted finances should be required to launch out on what may prove to be heavy
expenditure in providing a water-supply for boats or huts that may disappear in the course of a year or
two. Improved water-supply is, however, much needed in many places, and we think the responsibility
for providing it for his workers should, in cases where no pubhc supply is already provided by the Local
Authority, rest under present circumstances on the curer. The method of providing it must, of course,
rest with the curer. He may be able to arrange with the local proprietor for a supply from his lands.
Should the proprietor be im willing to agree to do so, the Local Authority should be empowered, on being
approached by the curer and on a sufficient guarantee being given by him to bear all the necessary costs,
to obtain the water under their existing compulsory powers. If the Local Authority should fail to take any
action, the curer should have the right of appeal to the Local Government Board, who should have power
to require the Local Authority to take any steps considered necessary.
In any case, we consider that no plans should be passed by the Local Authority imtil they are satisfied
that an adequate supply of water will be available for the workers to be housed in the buildings.
1340. (e) Removal of Trade Refuse. — The scavenging arrangements as regards the disposal of house-
hold refuse appear as a rule adequate. (Dittmar, 340 (67) (1).) But it is pointed out that difficulty is
experienced in securing the removal of trade refuse. The Local Authority have no duty to remove such
refuse and, however disagreeable the consequent state of matters may be, they cannot take action until a
nuisance injurious or dangerous to health arises. This position cannot be regarded as satisfactory, and
accordingly we recommend that a Local Authority should have power to require the removal of such
refuse without having to wait imtil a nuisance actually arises. (Macpherson, 2 (470); Dittmar. 340
(67) (m).)
1341. (/) Provision of Recreation Huts. — The recommendations we have made above should secure
considerable improvement m the housing conditions of these workers. But we consider that still further
accommodation to meet the social needs of the workers is desirable. As will have been seen from the
description given above, the hut provided consists but of one room, which must therefore be both living-
and sleeping-room. It seems to us that it would cost very little more were each hut given an additional
room which could be used as a sitting-room and kitchen, and, while not making the provision of such extra
Toom a statutory obligation, we would commend the suggestion to the favourable consideration of the
curers. We would also commend to the attention of the employers in the industry and of social workers
202 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
the Bi^ggestion that recreation huts, such as those with which the war has made us familiar, might be
established <at the fishing centres.
(e) Housing of Tinkers and Vagrants.
1342. This question was brought before us by Mr Cleveland Ellis, one of the Inspectors of the Local
Government Board, by the County Officials of Caithness, and by the Inspectors of the Scottish Society
for the Prevention of Cruelty to Children. The housing question as it affects these previously houseless
people is an incidental consequence of the passing of the Children Act, 1908. This Act imposed upon
all parents the duty of sending every child to a public elementary school during the winter months
(October to March) ; and it also provided that :—
a parent or any other person legally liable to maintain a child or young person, shall be deemed
to have neglected him in a manner likely to cause injury to his health if he fails to provide adequate
food, clothing, medical aid or lodging for the child or yoimg person. (Section 118 ; Part II. section
12.)
1343. This Act has had the effect of anchoring these vagrant families during the winter months ;
and as they form the most undesirable possible tenants, the accommodation which they obtain is of the
poorest. This applies specially to the tinkers of the North of Scotland — those in the County of Ayr
are said to be more prosperous and respectable and to keep their houses well in winter. The Caithness
tinkers have been accustomed to live for a considerable part of the year in caves, from twenty to thirty
people sometimes sharing a cave. Under these conditions a certain rough standard of cleanliness was
obtainable, the sea at high tide effecting the removal of refuse. When under canvas, also, these people
were healthier because they moved periodically to a, clean site. In houses they are fixed down, and the
dirt and filth accumulate, to their disadvantage and also to the great disadvantage of their neighbours.
(Ellis, 3909 (11), 3961 ff. ; C. J. H. Mackintosh, 15,140 (37) ; Dick, 16,058 (26), 16,153 ff. ; J. S. Robert-
son, 16,234 (53) ; A. Macdonald, 16,328 ff.) Complaint was also made from the point of view of the town-
dwellers in Inverness, Dingwall, and Perth, of their destructive habits when they settle in ordinary houses
for the winter. The tinkers are accustomed to live in large family parties and, when forced into a house,
they carry this social instinct with them, and twenty or so will crowd into one room. Again, a man and
his wife and six children having lived contentedly in a tent, 10 feet by 6 feet and 4| feet high, are not
likely to make acceptable tenants to any landlord. It is therefore easy to perceive tha.t only the most
dilapidated and indeed derelict houses will be available for the housing of the tinker. An old disused
crofter's house, a miserable hovel, already condemned by the Public Health Authority as uninhabitable,
and for which the crofter gladly takes £1 or so for rent, is possibly where he is most welcome. (Mac-
Ewan, 14,176 f. ; Knowles, 14,673 ; A. Eraser, 14,868 (18) ; Bums, 15,911 (11) ; A. Macdonald, 16,328
(4, 5), 16,360.)
1344. Nor is the health of the children, which was one of the main concerns of the Act, benefited by
the change. The Medical Officers and the Inspectors of the Society for the Prevention of Cruelty to
Children in Caithness and Perthshire were unanimous that the children in the houses were less healthy,
more subject to tubercular disease, and more apt to be verminous than those living in the open. (Ellis,
3952, f. ; Dick, 16,147 ff. ; A. Macdonald, 16,339 ; J. T. Graham, 36,449 ; G. A. Mackenzie, 36,722.)
1345. This problem is not a very extensive one, as the number of children involved was estimated
at about 130 in Caithness and from 100 to 200 in Perthshire, the numbers elsewhere being probably
smaller. But in the former coimty the number of families has tended to increase, while any useful
work that they may have performed in the past has been relinquished, and considerable difficulty is
being caused to the County Authorities and to the inhabitants generally. (Dick, 16,143 ; Macdonald,
16,357 f. ; Mackenzie, 36,726.) While this has become to some degree a housing question, its solution
must obvioiisly be sought in the main along other lines. The suggestions made by witnesses were : —
(a) that the tinkers should be colonised and the children educated in a separate school ; or (b) that the
able-bodied men should be sent to a Labour Colony or some similar institution, and the children removed
to an Industrial School. It was freely admitted that the hereditary love for a wandering life and dislike
of regular labour form a great difficulty, although the Inspector of the Society for the Prevention of
Cruelty to Childem in Perth held that the prospect of the children settling down to a regular life had
greatly improved since the Industrial School Managers had obtained control up to the age of eighteen
years. (Ellis, 3964 ff. ; Dick, 16,172 ff. ; Mackenzie, 36,719 ; Macdonald, 16,347 ff.) We feel that it
does not lie within our remit to make any definite recommendation, but that we are bound, in view of
the strong expressions of opinion by the above witnesses as to the urgency of the problem, especially in
its bearing upon the children's welfare, to call attention to it here.
1346. We understand that action is being taken by the Local Government Board for Scotland with
a view to securing an improvement in the housing conditions of the tinkers in Caithness-shire. The
position of matters has considerably altered in consequence of the war. The able-bodied men are now
in the Army ; the women and children and older men who are left are apparently fairly well provided
' for by means of the separation allowances. In the absence of the able-bodied male members of the tribe,
there is not the same inducement to wander about the country, and in consequence the opportimity has
been taken to urge the remaining members to settle down. As a result of co-operation with local parties
interested, including the Inspector of Police and the Inspector of Poor of Thurso, several of the families
have been provided with house acconfunodation in Thurso and elsewhere. A local committee has been
appointed for the purpose of administering a fund that has been established for the provision of furniture
and other household necessities for the use of the tinkers in the houses they now occupy. The local
officials are also supervising the houses, and reports indicate that — Shaving regard to the previous habits
and training of the occupants — these houses are being kept in a very satisfactory way. There seems
little doubt that with friendly encouragement and regular supervision, considerable improvement could
be effected in the domestic habits of these people. But unless some definite means of earning a living is
made available, the tinkers on their return from the war, when stoppage of separation allowances occurs
as a consequence of demobilisation, will almost certainly resume their nomadic life.
REPORT. 203
Summary op Recommkndations and Suggestions in Chapter XVII.
(1) That Local Authorities should be enabled, with power of compulsitor to the Local Government
Board, to frame byelaws for the housing of navvies, in the respects specified. (Paragraph 1259.)
(2) That the potato merchant should provide his diggers with portable privies. (Paragraph 1293 (5).)
(3) That the farmer should be bound to provide accommodation to the satisfaction of the Local
Authority for the normal housing requirements of the potato-lifting season. (Paragraph 1284.)
(4) That where the provision of the necessary accommodation for potato-diggers entails additional
buildings, the farmer should be empowered to call upon the landlord to provide the buildings, on terms
to be mutually arranged or else settled imder reference by the Board of Agriculture. (Paragraph 1284.)
(5) That farmers proposing to house potato-diggers should be required to report their definitive
housing proposals to the Local Authority for their prior approval. (Paragraph 1285.)
(6) That the Local Authorities should have full powers to compel the provision of adequate and
satisfactory accommodation for the diggers. (Paragraph 1285.)
(7) That potato merchants before sending their diggers to any farm should be required to ascertain
that accommodation is available, and that the merchant causing any overcrowding should be held
responsible. (Paragraph 1286.)
(8) That the merchant should be responsible for all matters affecting occupation over the term during
which his diggers are in residence. (Paragraph 1287.)
(9) That the farmer should be required to intimate to the Local Authority the date of arrival and
the number and sex of the diggers at his farm. (ParagraphJ1288.)
(10) That Local Authorities may, and if required by the Local Government Board shall, frame
byelaws for potato-diggers in regulation of the various matters specified — these byelaws to be subject
to the usual requirements of the Public Health Act and a'^copy to be displayed in every building or apart-
ment occupied by the diggers. (Paragraphs 1291-1294.)
(11) That the recommendations made as regards the housing accommodation of potato-diggers
should apply equally to berry-pickers, except that the responsibility for housing should rest with the
grower or farmer as the case may be. (Paragraph 1325.)
(12) That women inspectors should be attached to the staff of the Local Government Board for the
supervision of the housing of herring-gutters, potato-diggers, and berry -pickers. (Paragraph 1337.)
(13) That Local Authorities should have power to frame byelaws regulating the housing accom-
modation of herring-gutters. ^ (Paragraph 1338.)
(14) That the provision of an adequate water-supply for curing stations should be the duty of the
curer, who should have a right of appeal to the Local Government Board against inaction on the part
of the Local Authority. (Paragraph 1339.)
(15) That Local Authorities should not pass plans of buildings until assured that an adequate supply
of water is or wiU be available. (Paragraph 1339.)
(16) That Local Authorities should have power to require the removal of trade refuse. (Paragraph
1340.)
(17) That the provision of an additional apartment in huts and of a recreation room should be given
favourable consideration by curers and social workers. (Paragraph 1341.)
(18) That attention be called to the housing of tinkers and vagrants and of their children. (Para-
graph 1345.)
CHAPTER XVIII.
HOUSING m THE CROFTER DISTRICTS.
1347. In this part of the Report " crofter " is understood as being the statutory crofter as deter-
mined by the Crofters Holdings Act, 1886, and the Small Landholders Act, 1911, and this impUes that the
special problem of crofter housing will be treated as affecting a special area in the seven crofting counties,
Argyll, Inverness, Ross and Cromarty, Sutherland, Caithness, Orkney and Shetland, to which perhaps
might be added the island of Arran. The term " croft " is often used in Scotland as a small agricultural
holding, the occupier of which derives his support to a large extent from other sources than the cultivation
of the croft, and in this sense crofters exist in most of the rural districts of Scotland, except those near to
the thickly populated centres. In the north-east of Scotland — i.e. in Aberdeenshire and the neighboming
counties — there is a large number of small holders, many of whom would commonly be called crofters.
There is, however, a vital difference of condition between the crofters and the statutory crofters in the seven
crofting counties, which immediately affects the housing of the two groups. This difference lies herein :
that the statutory crofter in the seven crofting coimties provides his own dwelling-house and other farm
buildings, while the " crofter " in Aberdeenshire, as elsewhere, fives in a house which is provided by his
landlord. This difference, in fact, between the conditions in the seven crofting coimties (and Arran) and
the rest of Scotland has become more strongly marked since the date of the passing of the Crofters Holdings
Act, 1886.
' '<■ 1348. The fact of a crofter providing his own permanent improvements was not, in 1886, made — ^as
it was in the discussions of the amending Act of 1911 — the test of the validity of his claim to bejregarded
as a statutory crofter. He merely had to be an agricultural tenant paying a yearly rent less than £30
in a crofting parish, and the important question to settle was whether any parish in the crofting counties
was a crofting parish. Further, in Aberdeenshire and neighbouring counties much of the present
agricultural land was originally reclaimed by small tenants working under improving leases and providing
their own buildings, which, during occupation by their successors, have gradually fallen into the hands
of the landlords, who paid compensation for them either at the end of the improving lease or at the end of
204 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
a subsequent tenancy. In any case, this system has died out in other northern districts where it formerly
flourished, but has endured in the seven statutory crofting counties, and is now definitely recognised (as
a reflex of the conferment of the statutory tenure) as a definite element in the rural housing of these
counties. The tenants have been more willing and the landowners less willing, in view of the nature of
the tenure, to provide buildings. The Crofters* Commission in their final report as to these proceedings
for the period from Slst December 1910 to 31st March 1912 (Cd. 6788), bore testimony (on p. xxvi) to
this result of the legislation of 1886 in the following terms : —
But perhaps the most important improvements calling for notice have resulted from the
security of tenure which the Crofters Act confers on the crofter. True, there have been no whole-
sale clearances of townships for upwards of thirty years, but nevertheless the tenant from year to
year had formerly no security of tenure, and no legal right to compensation for the permanent
improvements. Consequently, the improvements on many estates were few in number and of a
minor character. The Crofters Act changed all that, and as a result the black hovels in which too
many of the people lived are now passing away, and have been largely replaced by smart, tidy
cottages that would do credit to any part of the coimtry.
Anyone acquainted with the housing conditions in the rural districts of the West Coast and
islands twenty-five to thirty years ago, and who revisited these districts to-day, could scarcely
realise the improvement that has taken place. But let it not be supposed that these improvements
are effected from the produce of the crofts. The crofter sends his sons and daughters to the large
cities of the South and to the Colonies, and if they prosper there they are mindful of, and dutiful to,
their parents at home. They are the source from which the money now invested in stone and lime
comes, for they desire to see their parents enjoy greater comforts, and they know that so long as the
statutory conditions are observed their parents cannot be removed.
Several of the witnesses appearing before us have expressed the same view.
1349. For the purpose of considering the housing question, the crofting area may be divided into
three main districts : —
I. Practically the whole of Argyll (except Tiree), the island of Arran, the mainland part of Invemess-
shire (except the western parishes of the district of Lochaber), and the eastern part of Koss-shire.
II. The west coast of Invemess-shire (mainland), the island of Skye, the south-western and western
districts of Eoss-shire, and the parish of Lochbroom ; the west and north coast of Sutherland,
on the east coast the inhabitants mainly living in fishing villages, Caithness, Orkney, and
Shetland.
m. The Outer Hebrides — Lewis, Harris, North and South Uist and Barra, and Tiree.
1350. In I. the independent'crofter holding is the rule and, the crofter township is the exception.
In II. and III. the crofter township (with its common grazing) is the rule, except in Orkney.
In III. the problem is complicated by the subdivision of crofts by subletting to cottars who have
built their houses on the holdings of the crofters.
I. Practically the whole op Argyll (except Tiree), the island op Arran, the mainland
PART of Inverness-shire (except the western parishes of the district of Lochaber), and
THE eastern part OF ROSS-SHIRE.
1351. In this district are to be found a number of districts in which summer letting to visitors is
in vogue, and nothing has done more than this practice to raise the standard of housing. Such districts
are the island of Arran, parts of Argyllshire, such as the Lorn district near the Callander and Oban
Railway, the parishes round Loch Awe, the Badenoch district of Inverness, where the crofter population
had tended to group itself in villages, such as are numerous in Speyside. '
1352. It is mostly in this section of the crofting area that the landowners are stated to have con-
tributed towards the housing of crofter tenants. This may mean one or other of two things, i.e. (1) that
the crofters have obtained gifts of timber or other material from the estate (which apparently is the
practice on a number of estates), the crofters providing the cartage and labour of building and finding
the rest of the materials. It must be kept in view that most of the timber produced in the crofting
counties is grown on the East Coast, much less on the West Coast, and practically none in the islands.
It is in timber apparently that the assistance of the estate takes its most usual form. It is natural,
therefore, that assistance of this nature should be more common on the east- than on the west-coast
estates. It has been the practice also on the Sutherland estate to send cargoes of hme to the more
remote parts of the county. Or (2) the statement may mean that the crofter tenant has failed to main-
tain the house in reasonable repair, and when at last it has become uninhabitable through dilapidation,
has gone to the landowner to ask him to provide a new house. When this request has been granted, it
has usually been on conditions that the crofter renounces his statutory tenure and takes a lease — while in
the case of (1) this does not occur.
1353. In a certain number of cases, too, the family succession to a croft has failed, and the tenant
has renounced the holding, claiming and obtaining_from the landlord compensation for the buildings.
In such cases the landlord may find a difficulty in'getting a tenant prepared to purchase the buildings
from him, and if he relets the holding, relets it imder the ordinary agricultural tenure.
1354. Parliament, however, has recently (in the Small Landholders Act, 1911) affirmed the principle
that it is desirable to maintain crofters' (or small landholders') holdings imder the statutory tenure,
which implies that the tenant is placed in the position of owning and maintaining the buildings on his
holding; and, in oiu- view, any measures taken to improve housing in the crofter districts should be framed
with due respect to this principle. The tenants of crofter holdings occupying them on a lease in virtue
of the landlord owning the buildings are, of course, in the same position as the small holders so common
in Aberdeenshire and the neighbouring counties, and imder the Small Landholders Act will become
statutoTv small tenants. One feature of the statutory small tenants' code is that, if the landlord fails
REPORT, 205
to iiiaintaiu the buildings on a holding of this ciiaracter, the Land Couit may declai'e the tenant o£ such a
holding a landholder, and he then becomes ehgible for an advance from the Board of Agriculture to enable
him to renew his buildings. We understand that the Board have accepted the principle of making
advances to the statutory small tenants who have^become landholders in the circumstances set forth,
to enable them to provide new buildings. We refer to this situation because it is only reasonable to
anticipate that, as Parliament has given a considerable measure of security of tenure to statutory small
tenants, the conferment of this status, implying as it does the fixing of a judicial rent, will on the whole
tend to discourage landlords from spending money on the buildings attached to the holdings of such tenants,
and the result of this action of Parhament will be to extend the area within which the small tenant will
be a landholder, and as such the owner of the buildings on his holding, and probably in receipt of an
advance from pubhc funds to assist him to provide a suitable dwelling-house.
1355. We have dwelt on this aspect of the question here because it is mainly in this section of the
crofting districts that the question of the estate providing housing arises under such circumstances as
have been described, and we are concerned to point out that the effect of recent legislation has been to
maintain crofter holdings under the crofter tenure, and for that purpose it has provided means by which
they shall not slip out of that tenure owing to difficulties about maintaining the buildings.
1356. Apart from sporadic instances of this character, there is no general housing question in this
section of the crofting area and the standard of housing is relatively good. The smaller type of croft is
tending to disappear in these districts and the type of croft that survives is a small agricultural holding,
to the care of which the holder's time is mainly devoted.
1357. This type of holding on the whole implies a better dwelling-house and steading than is to be
found on the small croft as it exists on the west coast of the mainland of Inverness. The late Mr Wedder-
spoon, the county Sanitary Inspector, said : —
Crofters provide and maintain their own houses, in rare cases with the proprietor's assistance.
They are built with stone and hme, roofed with slates, thatch, or corrugated iron, and contain from
three to five rooms. Damp walls is a prevaihng characteristic owing to faulty construction (Wedder-
spoon, 6254 (6).) . . . only in the Inverness district are building byelaws in force. {Ibid. (14).)
These dwelling-houses (of rural workers) as a rule are substantially constructed. In locaUties
where limestone is scarce, the stone walls are bedded with clay and have clay-daubed partitions.
Crofters' houses are of similar construction, and have the wall faces flushed with hme, mortar or
cement to keep them dry. Straw-thatched roofs are very common, and are difficult to keep water-
tight. ... A thatched roof in good repair is much warmer than a slated or corrugated iron roof,
and if it is sewed down with tarred twine and provided with a cement ridge will last about twelve
years. {Ibid. (23).)
II. The west coast of Inverness-shire (Mainland), the island of Skye, the South-Western
AND Western Districts of Ross-shire, and the Parish of Lochbroom; the West and
North Coast of Sxttherland (on the. East Coast the Inhabitants mainly living in
Fishing Villages), Caithness, Orkney, and Shetland.
1358. We turn now to the consideration of the second group of districts, which, apart from the
Outer Hebrides, contain most of the districts originally declared congested by the Congested Districts
Board on taking up office in 1898. These are the districts in which probably the greatest improvement
in housing achieved since the passmg of the Crofters' Holdings Act, 1886, has taken place. There was
great room for such improvement, and the Act seems to have acted as a stimulus thereto. These districts
cover a fairly large area, and it seems desirable to examine the evidence given regarding them in some detail.
(a) West Coast of Inverness-shire {Lochaber District), Isle of Skye, and West Coast of Ross-shire.
1359. These three districts have a good deal iu common. The Lochaber district is traversed by
the extension of the West Highland Railway from Fort Wilham to Mallaig, which has had a good, influence
on the conditions of the crofter population. One of the witnesses (Dr Miller), who dealt with this district,
suggested that while, under the Crofters' Holdings Act, the better-to-do crofter had improved his dwelhng,
the poorer crofter was worse off, because there was less chance of his getting help from the estate. (Dr
Miller, 15,140a (21).)
1360. Mr Mackintosh, the local Sanitary Inspector, gave an account of the new type of crofter
house on the same lines as in other mainland districts.
The smallest type has a " but and ben," with a trap stair to a shallow loft over these rooms. The
loft is generally divided for attics lighted by skylights, but they seldom have fireplaces or vents.
The larger type of house has an " end " room entered from one or other of the rooms on the front
lobby. The loft over is similar to that in the smaller houses, but occasionaUy the side walls are
built a few feet higher than the ceiling joists, and this will provide two good attics and store at the
head of s^air, and such attics are usually provided with fireplaces and windows in the roof. (Mac-
intosh, 15,140 B. (14).)
The local witnesses agreed that, in view of the statutory tenure, the crofter must be taken as a principal
in any scheme of State assistance for the improvement of dwelUngs, and thought that a wider use of the
Agriculture (Scotland) Fund for this purpose would help to meet the case. (Miller, Macintosh, and
AUison, 15,229-32, 15,272-5, 15,306-8.) The witnesses were also in favour of improved water-supplies
for crofters. (AlUson, 15,199, 15,238-42, 15,245-8, 15,313-23.)
(b) Island of Sh/e.
1361. We took very full evidence in this island. Some interesting statistical information was given
to us by the late Mr R. Macdonald, SoHcitor and Bank Agent, Portree. He stated that there were 3136
Tiouses in Skye, of which 2107 were the houses of landholders and 369 of cottars, all 2476 belonging to their
206 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
occupiers. " The average rent paid by tlie landholders is £4, 7s. 5d. per annum. The rents vary between
' £1 and £18, but the majority pay between £3 and £5.
' Of the 3136 houses above referred to —
' 1397 are thatched,
' 820 are roofed with corrugated iron or felt,
' 919 are slated.
' Of the thatched houses, of which probably one-half are antiquated and unsuitable for occupation —
' 1120 are occupied by crofters.
223 „ „ cottars.
1 is occupied by a farmer.
33 are occupied by shepherds and farm-servants.
6 „ „ gamekeepers.
14 „ „ miscellaneous persons." (Macdonald, 8140 (26-27).')
Mr Macdonald fuiliher stated that 1133 modern houses are now occupied by crofters and cottars in Skye.
It is safe to say that at least 1000 of these were erected within the last thirty years. It should be men-
tioned that the cost of the majority of these houses was borne by sons and daughters who are in service
in the South, and that in very few cases was the cost met out of the proceeds of the holding. {Ibid. (23).)
The other evidence from the island was mainly taken in the parish of Kilmuir, which was, till lately,
the most backward parish in Skye, as was not imnatural, seeing that it hes nearest to the Outer Hebrides
and farthest from the mainland. Similarly the parishes of Sleat and Strath, lying nearest to the mainland,
are the most advanced.
1362. It was said in evidence that the improvement in housing in Sleat began so long ago as 1876,
through the erection of model crofts on the farm of Knock by the proprietor. In Strath, too, between
Kyleakin and Broadford, a great number of modem houses have been put up by the crofters. (M'Nab,
8367a (17-18).)
1363. The estate of Kihnuir was bought by the Congested Districts Board some years ago, and they
and their successors, the Board of Agriculture, as narrated in their annual reports, have broken up the
farms on the estate and erected out of them new crofter townships. This is a good instance of the im-
provement of housing by this process, since the migrants build new houses on their holdings by the help
of loans from the Board of Agriculture. (Coles, 5415.) Some of the witnesses from Skye insisted
on the difficulties in house building arising from the cost of caiTiage of such materials as slates, timber,
and hme. This, of course, is the main difficulty in the way of rehousing in the islands and on the west
coast of the mainland away from the railways. In spite of this fact, however, the system undfer which
the crofter goes into partnership, so to speak, with a mason for building his house, ensures a relatively
cheap method of building, such as the " contract " system in the south of Scotland can hardly compete
with.
1364. Major Macdonald of Skeabost, who expressed his appreciation of the maimer in which the
Skye crofters took care of the new houses (8825), referred to a point which is of great importance in
connection with the housing of crofters. He said that he did not believe that it was only the tenants of
the larger crofts who could afford to build good houses, since the smaller crofters did not derive
their incomes purely from the croft, but from subsidiary occupations ; and, further, the funds for pro-
viding new houses on such crofts came largely from members of the family working away from home.
{Ibid., 8828 and 8847.)
(c) West Coast of Ross-shire.
1365. We have little or no evidence as to the crofters' housing in this district, but we think the
following is a fair general statement in regard to it.
1366. There are " pockets " of bad housing in this district, but, on the whole, the houses are good
and of the modem type. The coast is much indented by lochs, and for the most part the crofters live
round the shores. One or two cases of bad housing may be mentioned as throwing some light on the
conditions which give rise to it in districts which, on the whole, are relatively good. Thus there are
two townships in the parish of Applecross where the houses are bad. This is due to general economic
conditions. The townships are not on the south shore of Loch Torridon, but on the open coast facing
west, and this position is unfavourable for fishing villages. Further, the land along the shore is of poor
quality. Again, on the south shore of Little Loch Broom there is a group of poorly housed^^crofters.
This seems partly due to the fact that there is no road along the shore, and the crofters suffer from lack
of means of communication.
1367. It should be mentioned perhaps that on one of the estates ot this district Mr Muri'ay of
Lochcarron, the proprietor, has provided a fund from which advances are made to crofters on the
estate to build new houses. (Mackenzie, 6692.)
(d) Sutherland.
1368. Dr A. Bremner, the Medical Officer for the county, stated that the crofters' houses show
improvement yearly, but there is still room for further improvement. ^ There are only three " black "
houses left in the county, but the typical crofter's house is damp, dark, badly ventilated (windows not
made to open), and very often with a clay floor. (Bremner, 14,712, (8-9).) Overcrowding is common
in crofting and crofting-fishing locahties. {Ibid., 14,712 (8).) Most of the crofters' houses have four
or four and a half rooms, therem being shown above the standard of the houses in the villages. (14,768.)
The ordinary crofter's house is of stone, and probably plastered with clay inside. The stones are built
in clay, and the outside only is plastered ; no damp-proof course ; the floor is clay and the roof is thatched.
(Bremner, 14,798). Apparently, in addition to the assistance given by the Sutherland estate, shooting
tenants have, from time to time, made advances to crofters to enable them to improve their houses,
such advances usually taking the form of supphes of material. The ordinary Sutherland croft is small.
(/W., 14,847-8.)
REPORT. 207
1369. Mr James Rose, the Sanitary Inspector for the county, stated that the general condition of
crofters' houses has very materially changed for the better since the passing of^the Crofters Act of 1886.
" From other causes, but mainly from real poverty, fully 35 per cent, are still of the old-fashioned
' thatched, diy-stone or clay-filled, damp, insanitary order." (Rose, 15,465 (1).) Apparently, however,
onlyjT per cent, or 8 per cent, are thatched in Sutherland. (Ibid., 15,653.) Mi' Rose thought that this
type of house was better in the county of Sutherland than in the west coasts of Ross and Inverness.
(Ibid., 15,465 (1).) In'Sutherland the County Council has passed building byelaws, and under these
they allow a crofter to build half a house at a time. (Ibid. 15,541.)
(e) Caithness.
1370. Both Dr G. Dick, the Medical Officer, and Mr J. S. Robertson, the Sanitary Inspector, agreed
that crofter hoiising is only moderately good in Caithness. (Dick, 16,058 (12) ; Robertson, 16,234 (17).)
The latter referred to the following defects as being common ; —
The sites of the houses themselves, damp walls, insufficient ventilation beneath floors, and
lighting of the apartments, along with the absence of roning at eaves, and damp courses. (Ibid.,
16,234 (18).)
Dr Dick described the typical crofter's house as being of two or three rooms with thatched roof, small
fixed windows, and flagstone floor. The walls inside are not plastered, and often the ceihngs are not
lined. ... In a few cases there is direct communication between the house and the byre. , . . Many
crofters' houses are opeta from end to end, and the partitions between the rooms are formed by closed
beds. (16,058 (17).)
1371. Both witnesses agreed that the passing of the Crofters Act, 1886, had not led to such an im-
provement in crofters' housing as in some other counties, and this they ascribed largely to the number
of small crofts rented between £2 and £8. Mr Robertson added that the loans made by the Board of
Agriculture could hardly be made available for crofts of this size.
1372. Some explanation seems called for of the fact that on the whole^the housing of crofters is better
in Sutherland than in Caithness, seeing that the former is a Highland and the latter a Lowland county,
and that the districts in the west and north of Sutherland are farther from a railway than most of
Caithness. It should be noted that in Sutherland the crofters and the fishermen are, in some respects,
more divided than in Caithness. The county of Sutherland was — and to a less extent still is — ^largely
one estate, and in the past the estate has been in a position to prescribe the conditions of living for the
small tenants. The creation of definite fishing villages, such as Brora, Helmsdale, and others, was a
piece of estate policy, and, as we have shown in a previous chapter, the housing of the fishermen in these
villages is not good. These fishermen, however, do not count as crofters, and accordingly do not
help to bring down the crofter average. At the same time the Sutherland crofter is, on the whole, a
good farmer, and looks after his sheep well. In Caithness, on the other hand, there is less land in the
occupation of crofters than in any of the crofting counties except Argyll. This means that the crofts
tend to be small, and it appears from the reports of the Board of Agriculture that there has been con-
siderable demand for new crofts from Caithness relative to its size. The crofter-fishermen, too, who live
in the small fishing villages of the county, have suffered from the decline which has overtaken the inshore
fishing industry generally. It is possible, we think, that the introduction of the internal-combustion
engine into small fishing boats may help to revive the inshore fishing. The creation of new crofter town-
ships will also help indirectly to improve housing in Caithness. It may be mentioned that in Caithness
and in Orkney there has been a tradition in favour of adhering to houses of one storey. This is due
probably to a belief that these houses are more secure and stable in a wind-swept region. Recently
however, we gathered that a preference for " upstairs " has set in. This will tend to ensure more accom-
modation for crofters in these counties.
(f) Orkney.
1373. In the county of Orkney, according to a return made in 1906, quoted by Mr D. J. Robertson,
the County Clerk, there were 3387 agricultural holdings ; of which 301 6^ were rented at £30 or under,
and 196 holdings rented at over £30 and under £50. (Robertson, 11,512 (11).) This means that,
except for the " bonnet " lairds in Harray, practically all the occupiers of agricultural holdings are
either small landholders or statutory small tenants under the Snaall Landholders Act.
1374. Mr Robertson said :
Throughout the county housing has been steadily improving for the last thirty or forty years.
Thatched roofs are being replaced by slate roofs, windows are being made to open, and generally
a higher standard of comfort and healthfulness is being obtained. The people adhere to the old
custom of dividing the house internally by means of box-beds, and it is difficult in many cases,
even where windows which can open are provided, to induce the people to open them. (Ibid.,
11,512 (12).)
He added further :
In former days on small farms in Orkney the,dwelling-house, byre, and stable were all entered
by one door, the roofs were all thatched, and in^the^dwelling-house the fire was in the middle of the
floor, with a hole in the roof above it to let the smoke out. There wras only too much ventilation
in such a house, and I beheve that it was to escape the winds which blew through the buildings
that box-beds were used, and also hooded chairs. No such houses as I have described can now be
found in the county. (Ibid., (16).)
Later, apparently, the byre was built face to face with and close to the dwelling-house, but more recently
they have been placed at a greater distance from one another.
1375. Mr Robertson gives it as his opinion that none of the new houses now gomg up could realJy
be objected to on sanitary or other grounds. On one estate lately, a certain number of crofter houses
have been built by the estate and the tenant in co-operation, the tenant quarrying the stone and carting
208 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
it and other muterialfci. Such a house, coiitaixiiiig three rooniB and kitchen and attic capable of being
divided into two rooms, might cost the proprietor £80 (frequently without including the cost of the stone).
The tenant's labour Was assessed at £20. The usual material for the roof is Caithness or Norwegian
slate. (11,586.)
1376. The Orkney witnesses agreed that there was no lack of houses in the county, which they
ascribed to the progressive depopulation. Dr Heddle, the Medical Officer of Health, spoke of some of
the houses consisting really " of one large room divided up by box-beds with wooden partitions between
* these." (Heddle, 11,628, (6) (1).) " The kind of partition so formed allows the heat obtained from
' the one fire to pervade the whole." {Ibid., (7).) He agreed, however, that the thatched-roof house
is fast giving place to slate-roofed houses. {Ibid., (6) (3).) Dr Bell, the Medical Officer for the burgh
of Kirkwall, said that Orkney is about seventy years ahead of the Hebrides. (Bell, 11,740.)
(^r) Shetland.
1377. The Shetland witnesses agreed generally that the standard of housing among crofters had
gone up during the last generation. Mr Pottinger, county councillor, said that " the old thatch-roof
' houses are gradually disappearing ; in fact, there are very few left now." (Pottinger, 11,805.) He
mentioned, however, the drainage and ventilation of crofter houses. "They are generally two-roomed
' houses, or houses of two rooms and an attic." (Ibid., 11,813.) Box-beds have generally disappeared.
The houses have mostly wooden floors, but a number of them have earthen and stone floors. {Ibid.,
11,845.) Mr White, Sanitary Inspector for Shetland, referred to three houses in the island of Foula
(12,072) where cattle came in by the same door as the human beings. He stated also that it was
common in Foula and elsewhere for the cattle to be divided from human beings only by a wall. {Ibid.,
12,071.) The cost of an ordinary crofter's house rises from £80 to £100. {Ibid., 12,105.) Upstair rooms
are uncommon in Shetland. {Ibid., 12,167.)
1378. Mr Fotheringham, a Baptist minister in Dunrossness (the parish which contains the greater
part of the mainland of Shetland south of Lerwick, and has a large crofter population) referred to the
improvement in the crofters' houses since the passing of the Crofters Holdings Act, 1886. Before that
date, he said,
they did build their own houses, but the type of house was mainly a single-storey thatched
house with no windows. Since I came to the place, thirteen years ago, I should say two-thirds
of the whole of the houses have been taken down and re-erected, and most of them are one storey
high, and some two storeys, with felt roofs. The building of such a house would cost about £150
or more. (Fotheringham, 12,225.)
Mr Fotheringham thought, however, that some of the modern houses are not so efEectively ventilated
as thatched ones. {Ibid., 12,229.) Box-beds still survive in the older houses, but " in the newer type
' of house they are separating the beds more, never having more than perhaps two beds in a room."
{Ibid., 12,230.)
1379. Mr Fotheringham also referred to the position of the cottar in Shetland, pointing out that
he was not so well ofE as the crofter. Apparently in Shetland, unlike Lewis, the cottar has to pay a
definite rent to the estate, which may be £2, for his small area of land (quarter of an acre), and on this
and on his house, which is assessed at £4 or more, he pays the full rate, not getting the five-eighths de-
duction which the crofter enjoys under the Agricultural Kates Act. (12,257-8.)
1380. Mr John Nicolson, Inland E«venue Valuer for Shetland sub-District, stated that the primitive
houses still left in Shetland were only to be foimd in the far north and extreme west of Shetland. (Nicolson,
12,402.) He did not believe that box-beds were decreasing. " I have seen numerous houses going up
' all over the island and I have seen them putting in these box-beds. That even happens at Dunrossness,
' where the best houses are. {Ibid., 12,403.) He agreed that these beds were used for the purpose of
' making partitions in the house," that is when the house is a but and a ben. They will have two beds
in the one room and two in the other. {Ibid., 12,404.)
1381. The Shetland witnesses generally agreed that the byelaws now m force in the landward part
of the parish ot Lerwick should be applied to the rest of the county. Some of them also referred to the
danger of wells becoming polluted with tapeworm.
Summary of Conditions in Crofting Area classified above No. II.
1382. The areas included in the second section of the crofter districts cover a wide stretch of country,
in which physical and economic conditions are far from being uniform, but they are useful for the purpose
of this inquiry in that a survey of them brings out the general difficulties of housing at least in the
congested districts, if not in the crofting counties as a whole. A survey of these areas gives a saner and
more balanced view of the general problem than is possible it attention is concentrated too exclusively
on a district like the island of Lewis, where the worst features of the housing are due to excessive sub-
division of crofts practised on a scale that is not reached elsewhere.
1383. Regarding, then, the housing question in_ crofting areas as depending largely on the general
economic conditions of these areas, and, in fact, as the most obvious index of the standard of living, wo
note that the districts included in this section are all maritime, whether mainland or insular, and that
most of them are relatively remote from the populous part of the country, and therefore suffer from a
relative lack of means of communication. This, however, is less true of Caithness, Lochaber, and the
part of western Ross-shire actually traversed by the Dingwall and Kyle Railway. Being maritime districts,
the inhabitants include a considerable number of crofter-fishermen, such being foimd chiefly in Caithness,
Shetland, and the west coast of Ross-shire and Sutherland. Lochaber, Skye, and Orkney depend more
on the land.
1384. The crofter-fisherman's holding is naturally a small one, and the future of such holdmgs,
including the provision of adequate housing, depends largely on the future of inshore fishing. This,
REPORT. 209
again, depends largely on improved access to the markets. In this respect Caithness is not so badly
off, and the railways that now go through to the West Coast at Mallaig and Kyle have brought possi-
bilities that were not there beiore. Moreover, a type of small petrol or paraffin engine suitable for
the second- and third-class fishing boat (that is, under 45 feet keel) has now been worked out, and this
has given the northern inshore fisherman a chance of improving his position.
1385. In the districts which engage but little in fishing, an improvement in the economic condition
of the people is to be sought from an enlargement of their holdings, enabling them to keep more stock
and thus bringing them to a level of prosperity which will enable them to improve their housing. In all
the districts in this area there has been a sensible improvement in housing in the last generation, and
further progress is now looked for on the same lines as has been followed during that time. The main
practical difficulty in improving housing arises from lack of timber, slate and lime, and from the consequent
cost of importing these articles which is enhanced by the remoteness of the majority of the districts.
It is in meeting this difficulty that State assistance is mostly required.
III. The Outer Hebrides — ^Lewis, Harris, North and South Uist and Barra — and Tiree.
(a) TiRBE.
1386. We now turn to the Outer Hebrides, where the forces tending to depress the standard of living
in the congested districts are stronger than elsewhere, and where the situation is aggravated by special
conditions. With some hesitation we have grouped Tiree with the Outer Hebrides. It happens to
afford a rather good test for distinguishing between the essential and the superficial in matters of housing
in a Hebridean district. Externally, the Tiree houses seem to belong to a type which invites condemnation
as being a primitive black house. They are well described by Miss Goodrich Freer in her work on the
Outer Isles : —
They are built of rough, unhewn stones piled up in large masses which might almost be called
rocks. Within this wall is another separated from it by a clear space often of several inches which,
as well as all interstices, is then filled up with the fine white sand, which is so abundant in the island.
It will easily be seen that the walls are thus from a foot to eighteen inches wide at the top, and, as
the roof springs from the inner edge, there is a considerable ledge all round it, which in the fertile
climate of Tiree soon becomes clothed with flowers and verdure, and has the effect of a garland round
the roof : and, as the house is only one storey high, affords a resting place for dogs and cats, and
even a promenade for sheep and goats. The windows, for the same reason, are sunk in deep
embrasures which are generally carefully whitened, and give an air of neatness and finish to the
house. The most curious feature, however, is the roof, especially in the case of older houses built
before increased facility of access made the purchase of timber a possibility.
In former times the only source of timber was a shipwreck, and there is a story of a piousj^man
in the island of Barra who used to pray, " If ships must in any case perish, do Thou, 0 Lord, guide
their timber with their tackling and rigging to the island of Barra and the Sound of Vatersay" — ^a
prayer at which one wonders the less when one knows that the roofs and doors of many a home
depended upon the flotsam of the Atlantic Ocean. Seen from inside, one notices all sorts of
extraordinary devices to supply couplers, and old oars, parts of boats, and parts of masts are in
common use. The thatch is of great thickness, and, in view of winter storms, is secured by old fishing-
nets, by means of which the roof is literally tied to the chimney, and pegged down to the projecting
wall all roimd the house. As wood is again required for this last purpose, ingenuity is called into
play, and we have seen the ribs of sheep thus utilised, and houses decorated with, as it were, the
skeletons of departed mutton chops.
Inside, the houses are warm and comfortable, the system of double walls, if somewhat clumsy,
being probably warmer than that of mortar and hewn stones, in a climate which, though not cold,
is as boisterous and humid as one might naturally expect upon a treeless sandbank ia Mid-Atlantic.
1387. In other words, the Tiree houses have been built to suit the exposure and the climate. Further,
as there is little peat in the island, and coal is burnt, people have had to put in chimneys, and are thus
free from the thick atmosphere which arises from the burning of peat in a chimneyless black house in
part of the Hebrides.
1388. Tiree, however, is, or was till lately, in the same condition as the Outer Hebrides in having
a cottar problem, and in being precariously connected with the mainland. The latter difficulty, however,
has been met by the erection of Gott Bay Pier, one of the finest and most costly marine works in the
islands, and the difficulty of landing on or embarking from Tiree should now be a thing of the past.
Further, as — ^we understand— the Board of Agriculture have broken up more farms here than in any other
district, most of the cottars are now provided with crofts, and in due course will erect new houses on them.
(6) North Uist, Soxtth Uist, Barra, Eriskay.
1389. Of the other islands in the Outer Hebrides, the Uists and Barra present a less acute problem
than Lewis and Harris. North Uist is one estate, and the island has benefited on the whole by the resolute
action of the late proprietor in keeping down cottars and squatters. There are at present only 148
cottars ; their houses are built on croft land and on the farms. According to Mr J. Maciimes, the Sanitary
Inspector of the parish, there are 467 black houses and 247 white houses. (Macinnes, 8912.) Since he
took up office, however (twelve years at the date of his evidence), the number of houses with cattle in
them had been reduced from 40 to 1. {Ibid., 8855-6.) Nor were there any windowless houses returned
at the last census. {Ibid., 8294.) This witness gave some interesting figures as to the cost to a crofter
of building a stone-and-lime house, with a roof of corrugated iron, which he thought would stand the
damp climate. {Ibid., 8898-903.) His statement works out much as follows : —
14
21u ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Mason work at £1 per vertical lineal foot for a house 10 feet high .... £10 0 0
Joiner work for doors, windows, loft and stair (each window to cost 16s., and
wooden flooring Is. 6d. a square yard) 4 0 0
Balance of cost of material 36 0 0
Cost of total £50 0 0
(The crofter to quarry and cart stone, lime, etc., and do all the unskilled labour.)
1390. Such a house would contain four rooms. The average croft in North Uist is from 14 to
16 acres of arable. (Ibid., 8954.) There is one highly successful settlement in the island (Sollas and
Grenitote), made by the proprietor in co-operation with the Congested Districts Board in the early days
of their work. (Ibid., 8966.) South Uist and Barra are both islands in which it is safe to say that bad
housing conditions have arisen out of congestion. It is tnie that the Barra men are fishermen of a kind,
but not in a position as a rule to take sufficient part in the Minoh herring fishing, while the South Uist
crofters make a certain amount of money out of kelp. In some years this reaches about £2000 (see the
Annual Report of the Board of Agriculture for 1915). The factor acts as agent between the British
Chemical Company and the crofters. The estate charges a nominal royalty in recognition of its rights.
The Eriskay people, who, in some ways, are ahead of most of their neighbours, are also good fishers.
In spite, however, of these subsidiary occupations, the condition of the people in these islands has been
depressed through lack of land. The cottar class has been fairly numerous in each of them. Apparently,
before 1886, the estate allowed the subdivision of crofts in South Uist to meet the demand for land, not
being willing to break up farms for this purpose. The Congested Districts Board, however, induced the
proprietors to make some of the farms available for subdivision, and on these cottars were settled imder
the crofter's tenure, and they have gradually built new houses with the help of loans from the Congested
Districts Board or the Board of Agriculture. There has, however, been some delay in taking up these
loans, and both Boards have refrained from pressing new holders to begin their houses at once, realising
that they have a great deal of other urgent work before them in the first year or two of taking up a new
holding — a procedure recommended by one of the witnesses from Skye. Quite recently the Board
of Agriculture have broken up three farms on the west side of the island under a Land Court Order,
and created nearly 60 new holdings, in some cases moving crofters from similar crofts and facilitating
the transfer of the crofts thus rendered vacant to cottars. The Sanitary Inspector for the district stated
in evidence that over 113 new houses had been built in South Uist during his term of office. (Macdonald,
8809.) These will include houses built in new crofter settlements. There is, on the whole, a demand
for better houses, but the poverty of many of the crofters prevents them from taking any steps to rebuild
their dwellings. The factor said that out of 930 crofters in South Uist, about 500 or 600 were living in
old houses. (Macdonald, 7821.) It has been possible to put down the housing of cattle under the same
roof as human beings by bringing a certain number of cases into the Sheriff Court at Lochmaddy.
Apparently the cattle of the island are not kept free from infection.
1391. Eriskay. — The island of Eriskay depends mostly on fishing. Father Macdougall of Daliburgh
explained that some years back, when there were two or three seasons of successful fishing, his predecessor
induced some of the fishermen to apply their surplus earnings to rebuilding their houses. (Macdougall,
8451.) The water-supply at the island is, however, defective. (Macneil, 8066.)
1392. Barra. — The island of Barra, according to Father Cameron, the priest of the parish, is the
most congested of the islands in the group outside of the Lews. (Cameron, 7629.) (This is ascribed
by the people to the clearances which took place in 1848.) Some years back there were 200 cottar families
in this island, and the Congested Districts Board acquired the lands of Grean and Cleat and Ardveenish
in the north-west of the island, and settled 58 cottar families as occupying owners on the system followed
in the Congested Districts of Ireland. The people, however, have coftie back to the Board of Agriculture
as crofter tenants^ but retaining the ownership of their hoiises (see the Reports of the Board). The
Congested Districts Board also acquired Vatersay after the raid from Mingulay, and settled nearly
60 families thereon. The Vatersay people put up wooden shanties to begin with, but more recently they
have built stone houses. There is still a demand for land, especially from the cottars on Lady Cathcart's
land on the north-east of the island near North Bay. The only available land now left for subdivision
is the farm of Eoligarry, at the north end of the island, occupied by two brothers who had been tenants
of Lady Cathcart, and bought the farm from her when the Congested Districts Board bought the neigh-
bouring land for crofter settlements. Looking, however, to the attitude taken up by the Land Court
towards the Board of Agriculture's proposals for making a settlement for 30 cottar-fishermen at Eoligarry
(as indicated in the Board's and Land Court's Reports), it seems probable that the present occupiers of
Eoligarry will not be disturbed as long as they remain there unless the Board purchases their property.
1393. On the western side of the island the inhabitants are, as Father Cameron pointed out, crofters
pure and simple ; but on the north end, round Castlebay, they are entirely dependent on fishing. (Cameron,
7630.) There has been a certain improvement in the housing of the Barra people. The newer houses,
according to Father Cameron, contain : —
On the ground floor a kitchen, the living-room, and at the other end a parlour-bedroom. Then
there is a closet between. In the better-class house there is a stair leading up to the garrets,
and they have there two really nice bedrooms and a closet to hold nets and articles of that kind . . . ;
(where there are no rooms upstairs) they have three rooms and a loft where they store nets. {Ibid.,
7649-50.)
Father Cameron called attention to the position of cottars paying a rent of 10s. to the estate for
the site of their houses and garden ground. In such cases the cottar is treated by the county assessor
as a feuar, and rated as owner and ^occupier of his house, the annual value of which is put down at £2.
Hence he pays more rates than the crofter. This has discouraged cottars from putting up anything
better than a wooden shed. (Ibid., 7666-9.) Wood has been tried by some persons in Barra for the
REPORT. 211
walls of the house, the lower part being of stone. This arrangement, which is common in Norway, seems
not to be very successful in Barra. One witness expressed the opinion that 10 per cent, of the houses in
Barra should be condemned.^(Cameron, 7654.)
(c) Harbis.
1394. Harris is a badly congested parish. The crofts are poorer there than in any other part of the
Long Island. It is a more hilly district than the rest of the Outer Hebrides. The greater part of the
population hves in the district called the Bays of Harris, on the east side of South Harris, which is divided
from North Harris by the East and West Loch Tarbert. South Harris belongs to Lord Dunmore, and
North Harris to Sir Samuel Scott.
1395. The Public Health officials who gave evidence agreed that it was hopeless to do anything with
the greater part of the black houses in the parish, and these are apparently 60 per cent, or 70 per cent, of
the whole. (Stewart, 9818 ; M'Kenzie, 10,175.) On the other hand, Mr A. Ross, a parish comicillor of
considerable experience, from South Harris, said that 50 per cent, of the houses in some townships are
improved houses. (Ross, 9920.) His account of the process of improvement is worth quoting : —
Whenever a crofter started improving his house his neighbours tried to do the same. In the
townships and districts where no crofter has tried to improve his hovise, all the houses are the same.
It is my experience that if one crofter builds a good house the others will strive to do the same, and
they would rather go supperless to bed and have a decent house than not be equal to their neighbours.
In some cases the stances of the houses at present are bad. , Sometimes the oldest of the family
gets a good position, say on a yacht, and when he gets his first £20 that is laid aside mitil they get
another £20, and whenever they get a few pounds gathered together, say £40, they then begin
building a new house. Then their neighbours try to do the same. In my own township, when
my father was living, he made a new house, which they thought was a big house, but it was thatched.
It was a beautiful house then, but a neighbour built a better house, and put on a felt roof. Then
a third went one better, and built a slate-roofed house, and the result is that now, out of the ten
crofts in the township, five of them have improved houses, with slated roofs. Our house was not
good then, and I was compelled to pull it down and rebuild it, and make it look Uke the rest of them.
There are five improved houses in our township, and five black houses. Some of the others have
gathered the stones for a new house, and are waiting for their sons, who are iia Glasgow, helping
them to build the house. In other townships my experience has been the same — that when they
have no improved houses they are content to be Uke each other. (Ibid., 9920.) Mr Ross added
that he was a grown-up man before he saw a slate-roofed house outside Tarbert. (Ibid., 9922.)
1396. The witnesses suggested that there had been more improvement in North Harris than in
South Harris, and this they attributed to assistance from relatives of the crofters who had emigrated
under arrangements made by the proprietor to British Columbia and the Falkland Isles. (Stewart,
9743-6.) In some necessitous cases Sir Samuel Scott had also given direct assistance to crofters to enable
them to put a roof on their houses if they were responsible for the walls. (M'Kenzie, 10,181.)
1397. It is clear from the evidence that the existence of a considerable number of cottars aggravates
the condition of things in Harris. One farm has recently been divided, with the co-operation of the Board
of Agriculture, in North Harris. There are but few farms, however, in the parish available for subdivision.
The cottar who has his position regularised by paying ground rent to the estate is rated on his house as
owner and occupier. This naturally encourages irregular subdivision of crofts. There are a certain
number of inshore fishermen in Harris, and a certain amoimt is made by men and women in spinning
wool and weaving it into Harris tweed.
(d) Lewis.
Conditions of Community.
1398. The conditions of this commimity are now fairly well known. Its members, who, outside
Stornoway, are mostly crofters and crofter-fishermen, live in 100 townships, many of which have grown
into villages round the seashore. The interior is not inhabited except to the extent that such pene-
trating lochs as Loch Roag and Loch Erisort take the population gathered round them well inland.
1399. Dr D. Murray, the Medical Ofiicer of Health for the district, in his evidence set out the main
features of the situation so far as relevant to the purpose of the Commission. According to him : —
Probably 80 per cent, of Lewis houses are of a type which has come down from time immemorial.
It is popularly known as the " black house," and the cattle occupy one end of the estabhshment.
The walls range in thickness from 3 to 6 feet, and are built of two tiers of stones with a wall of
turf between. The roof is of somewhat loose thatch, and does not project over the wall, but rests
on the centre of it. The floor is of clay in most instances. The human portion of the dwellings
is usually divided into a " but " and a " ben." In the Hving-room the fire is in the centre of the
floor, and the smoke finds its way out as best it can, there being usually no chimney. There is a
small — ^usually xmopenable — window in each of the apartments. Li the cattle end the manure is
allowed to he all the year until it is required in spring for the land. The surroundings of the house
are usually sodden in wet weather. The houses are often end to end or back to back. (Murray,
10,296 (10).)
Scarcity of Houses.
1400. Dr Murray points out that there is an actual scarcity of houses in most districts, due to the
fact that the growing population all live on the croft land, and every new householder wants a piece of
land for tillage, and a share in the common grazing, as well as the -site of a house. (Ibid., 10,296 (11).)
The Lewis family is usually a fairly large one. The estate discourages the settlement of the
surplus population on the land. Comparatively few people of the crofter class are in a financial
position to build houses of a modern type. (Ibid.)
212 EOYAL COMMISSION ON HOUSING IN SCOTLAND.
Defective Houses.
1401. Regarding defective houses, he says : —
It being usually necessary to build the houses upon the croft in a large proportion of cases,
the site is insanitary, often in a damp hollow. In too many instances the houses are built back
to back, and in many cases the manure end is on a higher level than the hving end of the house —
or of that of a neighbouring house. The surroundings of the house are badly drained, and usually
damp. The character of the walls and the manner in which the roof impinges upon them leaves
them in a condition of chronic dampness. The windows being small, and the walls thick, very little
simlight penetrates into the interior. In calm and damp weather the interior is usually full of
smoke. Emanations from the manure render the air of the house impure. {Ibid., (12), (13).) The
housing of cattle under the same roof as human beings, and the other accompanying conditions,
render both liable to tuberculosis, and the infection is passed from one set of denizens to the other.
(Ibid., (16).)
1402. The accumulation of manure harbours the germs of certain fevers. [Ibid. (16) (4).) The
smoke of the dwellings, by continued irritation of the respiratory tract, renders children and also
adults very susceptible to chest diseases. {Ibid. (17).) " The death-rate from phthisis is more than
' double what it was forty years ago, while in the county generally it has gone down about 40 per
' cent. While not neglecting the virgin soil, I am convinced that the housing conditions are the
' main factor in causing the annual toll of fifty deaths from consumption." {Ibid. (37).)
1403. Dr Murray, speaking from the point of view of a public health official (and ignoring the legal
aspect for the moment), seems to treat the " closer settlement " of the croft land by the constant addition
of new households to the congested population as a natural and legitimate process.
Subdivision of Crofts {unauthorised).
Cottars and Squatters.
1404. If the Island of Lewis were under the Code Napoleon, no doubt this subdivision of croftland
would be lawful, but though the crofter looks upon himself as a kind of owner, subject to the demand
of an annual rent (which is more like a feu-duty or other feudal servitude than the ordinary rent of an
agricultural holding), they are in fact only tenants, and imder their special code subdivision and subletting
are illegal. The estate is justified in opposing it, and many of the crofters only tolerate it. What is
wrong with the present state of things is that neither the estate nor the crofters are strong enough to
stop the process. Thus it goes on in an unregulated manner. It should either be brought to an end
or regulated. The actual facts of the subdivision are as given by Mr J. N. Anderson, who has been
Chairman of the District Comrnittee for twenty years. There are apparently 3100 statutory crofters
(now called landholders) in Lewis, their rents averaging about 30s. 9d. (10,700 (6).) In addition to
these crofters there are, according to a census taken in 1908, 1103 houses belonging to and occupied by
cottars on the crofts of the legitimate croftefs. ... Of these houses 160 were of the better class, 943
of the old class, that is, thatched roof with no chimney. . . . Besides these cottar houses there are
about 300 houses belonging to and occupied by men who are called squatters, that is, men who have
built a house on the moor grazings or pasture land of the crofting townships or villages without the con-
sent of the proprietor. Seventy of these houses are of the better class — built of stone and lime or clay,
roofed with slate or corrugated iron or felt, etc., and having chimneys, whilst 230 are of the old class.
(Ibid., (7).) The population in 1908 of cottars, including their families, was 5733, and of squatters and
their families 1514, a total of 7247. (Ibid., (8).) (Thus about a third of the rural population are cottars
and squatters.) Some of the squatters are men in a fairly prosperous position, who have built houses
of a superior quaUty. In this connection it should be kept in mind that there was considerable emigration
from Lewis during the years just before the war, and that the population ascertained at the last census
showed no increase in the decade.
1405. As indicating the effect of the subdivision by way of multiplying houses on individual crofts,
it] may be mentioned that, according to Mr Anderson and Dr Murray, " 709 crofts have two dwelling-
houses ; 149 have three houses ; 21 have four houses ; 7 have five houses ; and 1 has six " (Ibid. (9) ;
Murray, 10,296 (27)), and at the same time, according to Mr Anderson, 1200 new houses have been
erected by crofters— whether the term is used in the strictest sense is not certain — in Lewis since 1890.
(Anderson, 10,700 (10).) He also indicated that some of the " squatters' " houses built on the common
grazings cost £300 to £400. (Ibid., 10,705.) Looking at the small size of the average Lewis croft, it might
be thought that the holdings are too " uneconomic " to support the burden of an annuity for repayment
of an advance for a new house, and that in any case any general operations of this kind could only be
thought of if the crofters own holdings, including the common grazings, were altogether freed from the
burden of the cottars, and that, even apart from this consideration, any holding that could possibly be
given to a cottar would be too small to stand a loan for a new house.
1406. As against this line of reasoning, however, may be quoted the opinion shared by some of the
witnesses, that in Lewis the croft is only to be regarded as a homestead from the proceeds of which the
crofter and his family do not reckon to live. As Dr Murray puts it : —
I think that I would prefer the average life of the crofter, the squatter, and the cottar in Lewis
to the average life of the lower and less skilled artisan in the city, even as he is. Of course you
sometimes speak of perpetuating a system of uneconomic crofts, but I look upon the croft as a home-
stead, and their hvelihood is got by knocking about the country from John o' Groats to Land's
End, and if they go elsewhere they will probably be hving in some slum in the tovm. (Murray,
10,484.)
Thus, too, Mr D. Maciver, in reply to a question whether it was not a mistake to build a new house for
a small croft, said : — •
REPORT. 213
No, I don't think so ; I don't consider the croft at all ; it is only a help. The croft is not to
be looked upon as a means of support. There is no use looking upon the Lewis or the Skye or the
Harris croft as a means of support. It is only a home for the family. It does not matter where
they go, it is always a place for the family to look to as a home. (Maciver, 11,331.)
Occupations.
1407. A great proportion of the adult males of the island serve as hired men on the East Coast
herring-fishing boats. Others follow inshore fishing and take part with their own sail boats in the herring
fishing in the Minch. The majority of the unmarried women go as herring-gutters in the summer all
round the coast, and follow the herring fishing as far south as Yarmouth. Practically every man in the
island from sixteen to fcrty-five undergoes training in either the Special Reserve or in the Royal Naval
Reserve.
Proposals for Relief of Congestion.
1408. To relieve the congestion of the most crowded townships, witnesses recommended emigra-
tion to the mainland, and the subdivision cf the farms still existing on the island. Mr Anderson indicated
the possibilities in this direction. " There is only the farm of Galson in Barras and then there are two
' in Uig. There are no farms in Lochs. I would not propose to take the farms near Stomoway be-
' cause they supply the town with milk and they have good houses and outhouses." (Anderson, 10,889.)
Galson, he suggested, might make 200 four-acre crofts. {Ibid., 10,860.) Mr Conacher, Secretary cf the
Board cf Agriculture, states in his evidence, that his Board Were " at present " (i.e. June 1915) in
negotiation with the proprietor with the view to subdivision of four farms in Lewis which contain the
whole land available for the constitution of new holdings otherwise than by agreement under section
7 (16 (a)) of the Act cf 1911, and that these schemes were intended to provide 131 new holdings and
17 enlargements of existing holdings, including the provision of houses on new holdings.
(43,464 (1) (6).)
1409. Mr A. Morrison suggests that a portion of the Deer Forest at Park might also be taken.
■(11,017.) Another witness, Mr D. Maciver, schoolmaster at Bayble, thought that if all the farms over
£30 rental and 150 acres, part of Park Deer Forest, were taken they would provide 270 crcfts. (11,383
(1).) We understand that the Board cf Agriculture have schemes before the Land Court for taking
four farms in Lewis and constituting thereon 131 new holdings.
1410. It is clear that the taking of farms would only relieve the congestion to a limited extent.
The majority of the witnesses thought that in some way or other the existing croft land should be so
re-allocated as to give the cottars now settled on the arable of the crofts a stance for a house and 10
acres of land on the common grazings. This step was recommended partly on the ground of public health
and partly to regularise the position of the cottar and the squatter with a view to making the members
of these classes ratepayers — a step which seems to be demanded by equity. This proposal was re-
commended by nearly all the witnesses, except Provost Mackenzie of Stomoway. In giving evidence
before us in June 1915, Mr Conacher, Secretary of the Board of Agriculture, explained that new
powers were sought under the Small Landholders' (Scotland) Act (1911) Amendment Bill (referred
to elsewhere in this chapter), to take land from existing common grazings for new holdings, arable
or pasture. (43,464 (2) (6).) Later, Mr Conacher sent to us, as he had promised, a Memorandum
(Appendix CXCI.) of proposed arrangements for settling cottars on reclaimed sections of common
grazings in Lewis. In this Memorandum Mr Conacher suggests that the proprietor should apply to the
Land Court for authority to resume sections of the common grazings of congested townships, and that
cottars occupying houses on croft land in the township, which, by their presence, help to constitute
a nuisance, should be migrated to the land thus made available and provided at a nominal rent with a
site for a house and a small allotment for potatoes and oats, and enabled with a loan from the Board
of Agriculture to build a new home. (See also Mr Conacher's evidence, 43,481-94, 43,704.)
1411. Provost Mackenzie stated the obvious objection that this would only perpetuate congestion
and lead to overstocking of the common grazing and quarrels about the use of the peat banks (over-
looking perhaps that even as things are with the cottars established in the township this position must
already exist). Provost Mackenzie, however, went so far as to say that cottars and squatters who
had built good houses should get a title to them. (11,452 (2).) Mr Anderson thought that a squatter
who had built a gocd house on the common grazings should be converted by legislation into something
like a feuar (10,713.) If this was done, he would have to pay rates (as owner and occupier) on his house,
which would not be treated as an agricultural improvement for the purposes of the Valuation Acts.
As most of the squatters have good houses, this step would be taken rather with a viewJtormaking[the
squatter bear the burden of citizenship than on grounds of public health.
1412. On the other hand, in our view, the cottar who has built on the croft should be removed,
especially if his house is insanitary or by its contiguity makes the crofters' houses insanitary, and get
a stance for a new house and a holding of 3 or 4 acres on the common grazing, it may be, where no better
arrangement can be made, on the " skinned lands " (i.e. land from which the peat has been taken) and
become a crofter. He too, then, would find his way on to the Valuation Roll, and he would pay rent
to the estate. The scheme also would include provision for giving cottars loans to build new houses.
This would be done without legislation if the landlord were willing to petition the Land Court to
resume parts of the common grazings, including sites of squatters' houses. Mr Anderson proposed not
to put an excessive valuation on the houses of squatters. (Anderson, 10,713.) At the same time, it
should be kept in view that some of the squatters are merchants and do a good business.
1413. Mr Alexander Morrison also thought that portions of common grazings should be put at the
disposal of cottars, and possibly of crofters, for sites of new houses. He mentioned Tongue as a district
" where the houses are built in marshy ground and the townships are in a low situation, with the result
' that the sewage and foul water is left there and does not get away." " There is higher ground on the
* outskirts of many of these townships, but owing to it being common pasture there is not a single tenant
214 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
' allowed to go on to it without the consent of the whole of the township, and it is very difficult to get the
' whole of the township to consent, so that it would be absolutely necessary to erect buildings wherever
' there was occasion for it, and some authority should have the powers to remove them to these new
' houses." (Morrison, 11,034.)
1414. Mr Morrison mentioned the district between Ness and Tolsta where the grazing is good and
the fuel at hand {Ibid., 11,052) — so that this land might be available for new holdings erected on
common grazings. He also stated that a number of townships on the island had been formed on skinned
land, three villages at Shawbost having been formed in this way. {Ibid., 11,088.) He thought that re-
clamation was not possible when all the peat had been taken ofi the clay, but that a surface of 6 or 7
inches was necessary to mix with the clay. {Ibid., 11,090.)
Difficulties in the Way of Belief of Congestion.
1415. It cannot be overlooked that there are certain difficulties in the way of carrying out a scheme
of this kind, even if the proprietor were willing to take steps to resume the necessary areas of conunon
grazing. The crofters might object, even though they might be relieved of the actual physical con-
gestion with its unhealthy consequences. As various witnesses pointed out, however, under existing
circumstances the crofters are sharing the croft land with the untitled men, who put stock on the common
grazings, and the crofters at least tolerate this situation. Then, again, the cottar might be unwilling
to take up the burden of building a new house on the land assigned to him, even if he had an advance
from public funds for this purpose. Certainly he would object, if he were rated as owner and occupier
of his house while the crofter was only paying rates on his rent and not on the annual value of his build-
ings. Further, the estate might object to undertake liability for compensation for an additional number
of houses, which is what would happen if the cottar got the status of a landholder.
1416. At the same time, it seems impossible to prevent the common grazings in an island like Lewis,
of which the greater part of the land is croft land, and on which there is a large crofter population, from
being used for other purposes than the grazing of stock. A community of this size requires merchants
and tradesmen, who cannot all live in Stornowajr. Yet they are not " crofters " in the sense of being
small farmers. Some provision ought to be made for dwellings and shops for this class of the community.
The principle, moreover, has received authoritative sanction. The Bill to amend the Small Landholders'
(Scotland) Act, 1911, — -which was introduced in 1914, and reached the Committee stage in the House
of Commons, — contained a clause authorisingHhe allocation of shares in the common grazings, and the
creation of new holdings on common grazings. It is not be to assumed that the township lands in Lewis
have reached the limit of their capacity in supporting stock and raising crops. The problem of making
the common grazings available for further tillage and for crofters' and cottars' stock is an agricultural
one, to be worked out by the Board of Agriculture and the North of Scotland Agricultural College. This
consideration has a bearing upon another aspect of the question, which it is suitable to raise at this
stage.
1417. Assuming that the cottars are " migrated " from their existing settlement on the crofts, and
that there is no general exodus of population from the island, there still remains the problem of dealing
with the crofters who are living in black houses. It will be more difficult to induce them^apart from
any spontaneous movement in a township — to build new houses or improve their present houses. As
their position is secure, it will be difficult, we think, as the Lewis District Committee has found in the
past, to put pressure upon them to improve their housing and remove the causes of injury to the public
health. Nor will they have the inducement, which will weigh with the cottar, of having what is
virtually a new holding given to them. As we discovered in our inquiries, there is among the crofters
an attachmentfto certain features of the " black house," arising from a belief in its supposed agri-
cultural function. The nature of this belief was brought out in the evidence of Mr E. T. Fenton, school-
master at Borve. Asked as to the reason of the Lewis man's attachment to the " black house," he said,
" I think it is bound up with the agricultural habits of the district. The people here consider it necessary
' to have soot as a top dressing for their potatoes." In many cases where the young men would other-
wise do away with these houses they have kept them for this purpose. In many cases they burn more
peats than is necessary for heating purposes for the express purpose of getting soot. (Fenton, 11,098.)
1418. Further, as illustrating the willingness of the people to endure discomfort in order to collect
soot, he stated : —
They would let sooty water drop down on their heads during the night rather than put on a
permanent roof {Ibid., 11,127) (the thatched roof being removed every year). If they had an
improved roof, there would be no necessity for the wood covering they have above their beds.
In reply to a question, the witness agreed that the necessity of having a soot-sakirated thatch for their
fields prevents their putting chimneys into the black houses. (11,129.) His remedy for this state of
things was an improved crop rotation, including a clover crop, which would provide nitrogen otherwise
than by a top dressing of nitrogenous soot. This improvement in turn depends on the provision of fencing
to separate the arable land of the crofts from the common grazing, and the discontinuance of the use of
the former for winter grazing for the stock. {Ibid., 11,127, 11,140.)
1419. Another deep-rooted insanitary habit isr also adhered to for agricultural reasons. This is
the close connection between the dwelling-house and the byre, and the collection of the manure in the latter.
They are right, of course, in attaching importance to keeping the manure covered, but, as Mr Fenton
observed, it could be kept in a little turf house and the byre cleaned regularly. He also thought that
the District Committee should insist on a partition being built between the dwelling-house and the
byre. {Ibid., 11,101.)
1420. The insistence on improvements, which are well within the capacity of the inhabitants to
carry out, in existing black houses, is, of course, a matter for the District Committee, who in the past
have tried to enforce such matters as the structural separation of the byre from the dwelling-house,
but without a greatMeal of success. We would not like it to be thought that it was^'our opinion that
the Lewis District Committee had failed to appreciate the nature of the danger to public health caused
REPORT. 215
by the habits of life of the community, or to devise the proper measures to deal with them. On the
contrary, we recognise that the District Committee have shown intelligence, energy, and courage in
dealing with the problem. They are one of the few Local Authorities in the crofting districts that have
adopted a set of building byelaws. Their difficulties, however, arising out of their restricted resources,
— -for the Is. in the £ limitation on the public health assessment means that in a district like Lewis there
is little money for the assessment for public health purposes, and the limited power of enforcing laws
and administrative orders by the State, the estate, or any Local Authority in this remote district —
have set a limitation on their activities, such as probably no other public health authority in the country
has suffered from.
Summary of the Position in Outer Hebrides.
142L From the foregoing it will appear that the Outer Hebrides are the worst off of all the crofting
districts for defective housing and insanitary conditions, and that these conditions are partly due to
poverty, but that even in so far as they could be remedied by labour, and without the expenditure of
much " capital," they are not remedied but persist partly through the lack of any public opinion to
insist upon a rise in the standard of decency and comfort or to support any action from without by the
Local Authority taken to impose such a standard, and partly through a positive belief in the necessity
of retaining certain imhealthy practices in order to secure their bye-products.
1422. It is to be noted, however, that advances have been secured in certain directions, that, e.g.,
cattle housing under the same roof as human beings has been checked in all the districts except Lewis.
The reason why pressure has been brought to bear more successfully on the other districts is, that they
are more manageable units of administration alike for the estate and local public authorities.
1423. In most of the districts the position has been aggravated by the existence of a " cottar " class
whose presence leads to subdivision of crofts which are already small. Cottars, however, have been
provided for to a certain extent in Barra and South Uist and Harris by the action of the Congested
Districts Board and Board of Agriculture in subdividing farms ; the Board of Agriculture has further
schemes of this nature on foot for Lewis and North Uist. (Land Court Reports.)
1424. Even, however, if many cottars in the islands were provided with a new holding on a sub-
divided farm, there would still be left a residue of cottars living on croft land, especially in Lewis, and
a large section of the crofter community living in " black houses." In most cases nothing short of a
new house would meet the case, and this should be pressed for equally where the site or the house is
hopeless or wheie the occupier is in a position to assume the responsibility for providing a new house,
but these two sets of conditions will not always coincide. In many cases there is no good in deahng
with single houses vmless a group of houses impinging on one another like eggs in a basin is tackled.
This process may involve a re-allocation of sites on croft land.
1425. Actual difficulties in building in these districts arise from the necessity of importing wood
(including windows), lime, and materials for the roof, whether slate or corrugated iron. The roof indeed
is the difficulty. The £50 loans made by the Congested Districts Board and the Board of Agriculture
have been designed mainly to cover the cost of these materials. (Coles, 5351 (4).) Such loans were made
by the Congested Districts Board only in connection with the formation of new holdings, the assistance in
this direction being subsidiary to the provision of land for subdivision among or enlargement of the holdings
of crofters and cottars. The Board of Agriculture, however, being empowered by the Small Landholders'
(Scotland) Act, 1911, to make loans for rebuilding the houses of existing landholders and cottars, have used
this power to a limited extent, but more in the Outer Hebrides than elsewhere. The demand, however,
has evidently not been very extensive. Apart from actual housing, the public health administration
of these districts is hindered by the insanitary habits of the people in connection with personal hygiene
and the keeping of their cattle.
1426. Great vigilance is required for securing and maintaining the water-supply for domestic
purposes. The Local Authorities are all alive to the importance of this service, but they are met with
difficulties arising partly from lack of funds and partly from the lack of intelligent and responsible co-
operation on the part of the crofter community.
Water-Snjpplies.
1427. The provision of waiter-suppHes in crofting districts was discussed in the evidence of several
of the witnesses. Though it might be contended that imder the PubUc Health Acts the obligation
rests on the owner of the house to provide water-supplies, and that the local authority can only be
reasonably expected to make such provision by assessment in populous places, not much would be done
on these lines in crofting districts. The crofter's ownership of his house as a tenant's improvement is
often put forward as a ground for maintaining that the landowner is not to be regarded as the owner
for the purpose of assuming this responsibihty. On many crofting estates it would be beyond the
resources of the proprietors to provide water for crofter tenants. It would in practice be equally
impossible to leave the crofting communities to shoulder the burden. They have not the capacity for
concerted action of this kind. Nor could the individual crofter be trusted to provide himself with a
satisfactory supply ; and in a township it would not be an economical arrangement even if it were
practicable for each crofter to provide himself with a supply. The Local Authority again, looking at
its resources, has some difficulty in making suitable arrangements except in relatively populous places,
which it is possible to form into special water districts.
1428. Inverness. — Thus Mr Wedderspoon, coimty Sanitary Inspector for the county of Inverness,
said in his evidence : —
Housing conveniences in connection with water-supply and drainage are provided in special
water-supply and drainage districts, either within the premises or adjoining thereto if the accom-
modation is limited. In rural districts only the better-class houses are provided with these con-
veniences. (Wedderspoon, 6254 (17).)
216 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Again, asked as to the water-supply in the insular districts, he said : —
I have been surveying for a fortnight in connection with a water-supply for the south end of
North Uist. The proposal was to improve the wells. The water cannot be improved, and in one
particular quarter the water is very bad, and the cattle are dying off. To provide a water-supply
for that community will cost about £3000. (Wedderspoon, 6452.)
1429. Argyll. — We have no evidence on this subject from the County of Argyll.
1430. Ross and Cromarty. — Mr W. Mackenzie, county Sanitary Inspector of Rosp and Cromarty,
said : —
Nearly all the mainland villages have been formed into special water and drainage districts,
and the percentage of houses in these which have water laid on is about 10 per cent. (Mackenzie,
6549 (10).)
It appeared from a further reply to a question {Ibid., 6586) that he had in view such places as Avoch
and Ullapool. Later he gives an extended list, viz. ALaess, Kilteam, Maryburgh, Cononbridge, Muir
of Ord, Strathpeiier, Ullapool in Mid- Ross (all on the east side of the county except Ullapool). Avoch
and Munlochy in the Black Isle ; in the South-Western District, Loch Carron, Kyle, Plockton. (Domi'e
was formed but the scheme never went on.) {Ibid., 6704, 6705.) It is obvious that practically only the
west coast special districts provide to any degree for crofters.
1431. Siitherlarid. — A certain amount of evidence on the subject was led from the coimty of Suther-
land. The county Medical Officer, Dr Bremner, said in his precis of evidence : —
Practically none of the working-class houses in the county have water laid on in the houses.
(Bremner, 14,712.)
1432. Mr J. Rose, the county Sanitary Inspector, stated that in the matter of water-supply, drainage,
and cleansing provisions to the various villages the ratepayers are assessed to the full amount that
the Public Health Act provides. (Rose, 14,465 (22).) Subsequently he said : —
That (water-supply) has been one of our worst difficulties. The valuation is so small that
it cannot afford the expense of bringing in a gravitation water-supply. The County Council at that
date (September 1913) had just taken up their first big scheme — ^in the parish of Clyne (east coast)—
and a special district had been formed. The cost of the work was estimated at £3800. The existing
works provided by the Sutherland estate were to be inaproved and extended. It was intended to
make the supply — primarily designed to meet the needs of the village of Brora — also available for
a number of crofting townships in the parish. The proprietor of the estate of Durness had also
introduced a private supply, for which he made a moderate charge to the tenants on the estate.
The County Council were also contemplating a scheme, to which the Sutherland estate were to
contribute, for another locahty — Badenellan. (Rose, 15,546, 15,559.)
1433. Caithness.— As regards Caithness, the county Medical Officer, Dr George Dick, said in his
statement of evidence, "Very few such houses have water laid on. Comparatively few of the small
' farms and crofts have a really satisfactory water-supply of any description." (Dick, 16,059 (16).)
- 1434. There are, according to Mr Young, the County Clerk, three water supply districts — namely,
Lybster, Latheronwheel, and West Watten. (Young, 16,178 (2).)
1435. Mr J. S. Robertson, county Sanitary Inspector of Caithness, deahng with the sanitary defects
of crofters' houses, said : —
The water-supplies are also frequently badly situated and liable to pollution. This often
arises from the position the wells are in, and the want of proper protection from surface or subsoil
contamination. (J. S. Robertson, 16,234 (18).)
1436. Replying to a question about a group of new farmhouses which were a quarter of a mile away
from the nearest water-supply, Mr Robertson said that houses could not always be near a water-supply,
and thai all that could be expected was that they should be within a reasonable distance from a wholesome
supply. He agreed that reasonable proximity to a water-supply should be made a condition of approval
of the site of a house. (J. S. Robertson, 16,285-9.) He added further that in some instances it had
been difficult to induce crofters to improve their wells because they wanted to know why the Local
Authority was taking that course with them when they had put in a special supply in another, and that
had been formed into a special water district, not reahsing that such a district paid a special rate for
the water.
1437. Orkney.— M.T Robertson, County Clerk of Orkney, said, " Every house has, as a rule, its own
' well. Of course in a dry summer many of the wells are nearly dry. Many of the houses, however,
' have a summer well and a winter well, the winter well being lower down than the other." (Robertson,
11,540.) Again, in reply to a question whether the wells were protected from deterioration, he replied,
" The wells have been there, the most of them, from time immemorial. The new wells they are putting
' in are mostly extension wells." {Ibid., 11,619.) Questioned as to wells near crops, he repKed, " These
'are the wells that the people have used for generations. They are almost all dip wells." (11,620.)
Dr Heddle stated that he had had only six cases of typhoid reported in the last five years (June 1913),
" in spite of the unprotected wells." (Heddle, 11,684-5.) Asked whether " All over the mainland and
' islands you have sufficient water," he repUed, " Yes. They have all wells, except in a village in Stronsay,
' where they have private wells." (Heddle, 11,688.)
1438. In Shetland, Mr F. H. Pottinger, a member of the County Council, said that "the water-
supplies are mostly got from wells and springs. These wells, I believe, have been a considerable source
of disease such as hydatid." (Pottinger, 11,862.) He added that the Local Authority had brought
before the crofters the necessity of protecting the wells with cement. {Ibid. , 1 1 ,863. ) He mentioned later
that the landward area of the parish of Lerwick gets water from the burgh supply, pumps being placed
at intervals in each district so that the people could go and get a pailful. (1 1,892.)
REPORT. 217
1439. Dr R. M. Yule, County Medical Officer, stated that there were water difficulties in the Cunnings-
burgh district (south of Lerwick), and indeed elsewhere. In his view the main difficulty arose from
the wells being xmprotected, and that good water could be got if they were protected. He referred also
to the hydatid infection. (Yule, 12,013-12,021.) He added that since a leaflet had been issued on
hydatid disease and circulated through the county there had been a rapid progress in the way of protecting
the wells by the people themselves. The practice had been for him to select the best and safest well
in each township and show the people how to cover it in and fill up the well at a cost of 35s. He had
had trouble only in one place. " Since the leaflets were issued, there has been quite an enthusiasm on
' the part of the people as regards the covering of wells." (Yule, 12,027-12,030.)
1440. The Rev. W. Fotheringham, Baptist minister in Dunrossness, the most southern parish in
the county, thought that the water-supply in the parish was not satisfactory. Asked whether anything
had been done to the wells, he said : —
Practically nothing. Recommendations have been made, but you cannot do anything with
them. In a great many cases the wells are not suitable, and in some cases there is no water, although
plenty can be had at a considerable distance away. There is no water except roof water, and in
some cases they cannot use that water, and every drop of water has to be carried a long distance.
He did not think that it would be possible to provide a water-supply on a larger scale for any of the
areas in the parish, and said : —
In little districts here and there you might have a properly built well with a pump on it. There
is a gravitation supply in one little village in our district which was put in by a private gentleman.
The supply serves the whole houses round about.
Generally he suggested that it was difficult to get people to pay attention to keeping a well in good
order. People would water their cow in the pail, and when the cow had finished throw the rest back
into the well. (Fotheringham, 12,235-238.) On the other hand, Mr A. Sutherland, County Clerk
and Clerk to the Mainland district, thought that " During the last few years a good deal has been done
' in the way of protecting the wells, because that has been a sort of specialty of our present Sanitary
' Inspector." (Sutherland, 12,398.)
1441. Outer Hebrides.— In the Outer Hebrides water-supply is almost entirely got from wells, which
are often not well kept. Thus in Harris, Mr A. Ross, member of the Parish Council and District Com-
mittee, said that some townships in South Harris were badly off for water in the summer time, and added
that they Were trying to improve the wells, but had typhoid outbreaks sometimes. (Ross, 9995-7.)
Similarly, Mr A. Macdonald, Solicitor, Lochmaddy, agreed that some of the so-called wells were " pools
of dirt," and mentioned a bad instance at Loch Eport, North Uist. (Macdonald, 9570.) Mr M'Elfrish,
Clerk to the North Uist District Committee, maintained, however, that the Local Authority were^doing
their best to improve the wells. (M'Elfrish, 9453-9461.) Father Macdougall, Daliburgh, South Uist,
thought that in South Uist the water-supply was fairly good, but added, " The wells could be greatly
' improved if the Local Authority took steps to safeguard them from cattle drinking at them. "When
' it is decent water they could build them up with concrete, but very little of that has been done."
(Macdougall, 8534.) In Eriskay the people of the east side have wells, but on the west side there are
no wells, and the people get the water from the little bums. (Father MacNeil, 8068, 69.) Mr J. Mac-
donald, the factor for Lady Cathcart's Barra estate, said that " It would not be possible to extend the
' water scheme at Castlebay, designed mainly for the fish-curing, so as to serve the estate." (Macdonald,
7907-10.)
1442. Shye. — As regards Skye, the late Mr R. Macdonald observed, " A water-supply is rarely laid
' on to houses, but in Sl^e one does not need to go very far for water as a rule." (Macdonald, 8140 (5).)
1443. Dr Duncan Fletcher, Medical Officer for Skye and Harris, referred in his evidence to some
townships in the Staffin and Kilmuir districts, where the water-supplies were badly polluted some years
ago. We understand, however, that considerable improvement in this respect has taken place on the
Board of Agriculture's estate. (Fletcher, 8236 (38).)
1444. Leiois. — In Lewis the District Committee have made considerable efforts to provide water-
supplies for the community. Mr J. N. Anderson, who has had a long experience of public health adminis-
tration in Lewis, having been chairman of the District Committee since it was first formed, raised this
question in his evidence. Outside Stornoway practically the whole population depends on water from
wells, which are sunk in tilled land fairly well saturated with manure. The District Committee have
made about 120 improved wells, which are not, however, always kept clear. Mr Anderson said, " In
' several cases we supplied them with pumps, and they have been broken. That occurred at the beginning.
' We are trying to do away with pumps and have gravitation supplies. We have several such supplies
' now." (10,761-3.) Mr Anderson also stated that crofters had put difficulties in the way of the District
Committee in getting access to supplies which had been found on their crofts, and which the Committee
desired to make available for public use. (10,700 (3).)
Conclusions from Survey of Housing and other relevant Conditions in Crofting Areas.
The conclusions which emerge from this survey may be stated briefly as follows : —
General Conditions of House-building in Crofting Districts.
1445. (1) Over the crofting districts as a whole there has been a steady improvement in housing
during the last generation, due partly to assistance and example from the estate authorities, but to a
large extent through the exertions of the crofters themselves— now secure in their tenure and assured
of pajrment of compensation for permanent improvements — influenced by a rising standard of life set by
greater contact with the outer world, and helped by their own increased prosperity, and the contributions
of members of their families who have left their native districts to push their fortunes elsewhere at home
and abroad.
218 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1446. (2) Bad — in certain areas wretchedly bad— housing survives in the more backward districts
of the crofting areas, and must be considered in connection with the general social conditions of the com-
munities in which it is found. Thus there may be " pockets " of bad housing in districts otherwise up
to a fairly good level, but containing townships struggling to survive against adverse economic con-
ditions, such as poor soil, failure of inshore fishing, or lack of road communication. In other cases, bad
housing may be due to literal congestion caused by the excessive subdivision of crofts depressing the
average prosperity of a township, and leading to the physical crowding of houses and byres in excessive
proximity on badly chosen sites, and thus resulting in general insanitary conditions. This state of things
obtains in certain Hebridean districts, especially in Lewis. Even where a township as such is not so
placed, individual crofts may have bad houses, and such crofts may be too small and too much below the
level of an economic holding to stand the burden of providing and maintaining a good house.
1447. (3) The system under which houses and byres, etc., are built in crofting districts has the great
merit of having grown up spontaneously in crofting communities, and is so cheap, so well understood by
the people, and, so suited to their way of life and economic organisation, that it would be, in our opinion,
an irreparable error to depart from it or do anything to undermine it. Peasant communities work out
their own arrangements for providing themselves with the essential services of life, and the "building
trade " works among crofters on much the same lines as in Ireland. 'V^Tien a crofter wants to build a
new house he calls in a mason, who directs operations, the crofter becoming, as it were, his labourer.
They quarry and cart the stones and build the walls and perhaps the roof. In the Hebrides the mason
boards withfthe crofter while the new house is in building, but in the eastern districts bordering on the
Moray Firth the mason " finds himself," his money earnings being proportionately greater. If the house
is of a simple type the crofter and the mason may finish it between them, using ready-made wood fittings.
If, however, a slated roof is part of the scheme, a slater is called in. If the crofter's ambitions go beyond
skylights and reach as far as the dormer windows (which are becoming a common feature in the newer
type of crofter's house), a joiner is also wanted. The mason's remuneration varies from £10 in the Hebrides
to £12 or £15 on the east coast. The slater and joiner earn smaller sums. (Coles, 5393-6, and
Appendix XVIII.)
1448. Under this system the crofter gets a house adjusted to his means, and at the same time has
the benefit of the experience of his skilled fellow-workers. Generally speaking, the cost of a house on the
east coast is higher than on the west coast or in the Hebrides, because wages are higher. In Caithness
the flagstone of the district is also harder to work than most of the building stone used in crofting districts.
Lime and wood, on the other hand, are more difficult to get in the Hebrides. This, briefly, is the way in
which the crofter provides his own permanent improvements.
1449. Any proposal for improving the crofter housing must, we think, be based on a recognition o f
the essential features of the situation. Thus any proposal which implied that the crofter was not to be
the owner of the house would gravely disturb the crofter tenure. Any proposal for building houses by
contract would be difficult, because the building trade is organised on primitive lines, and the mason,
joiner, and slater are all independent of one another, andfmore like labourers than capitalists. More-
over, such a method would be dearer, because presumably the crofter's own labour would not be used ;
and the result would be less satisfactory, because the house would not take the exact size and shape which,
under the existing system, the " consumer " determines.
Financial Assistance, from Public Funds for Housing in Crofting Districts.
1450. (4) At present such assistance, so far as derived from the community, is provided from Imperial
funds and not from local assessments, is administered by a Public Department (the Board of Agriculture as
successor to the Congested Districts Board), is available in the form of loan either to a new holder of a
small holding constituted by the action of the Board, or to an existing landholder or cottar, who wishes
to rebuild or improve the house on his holding, and the Board deal directly with the applicant for the
assistance, and are debarred from afEording it in the shape of a free gift by the provisions of the Small
Landholders Act, 1911.
1451. To depart from the requirement (except in special cases, such as old people or others who
could not earn money to repay a loan, which cases would be left to the Local Government Board to
deal with) that such assistance shall be by loan would, we think, be mistaken policy. There must be
uniformity in these matters. It would create endless dissatisfaction if one person obtaining a new holding
had to provide his house by means of a loan, and another person renewing his house on an existing holding
obtained a free grant for a similar purpose. Equal dissatisfaction would be caused if all the new settlers
on settlements created by the Congested Districts Board and the Board of Agriculture and existing
landholders who have already obtained loans from the latter Board are to continue to pay interest on their
loans, while any future participants in State assistance for rehousing were to get loans free of interest as
proposed by the Minority. If a holding is too small by itself to stand the burden of an annuity (for
repayment of principle and interest) for a new house, or for improvement of the existing house, and the
tenant, being an able-bodied man, is not earning sufficient income apart from his holding to be able to
pay the annuity, and at the same time is inhabiting a house which is a danger to the public health, he
should be removed therefrom, and a holding found for him elsewhere.
1452. (5) Reference has been made in this conruMjtion to Irish precedents. It is true that there have
been large Exchequer Grants to Local Public Health Authorities in Ireland to enable them to build houses
for rural labourers. The Local Authorities own the houses and let them to the labourers, but they do
so at a rent. The labourer does not get a free gift of a house from the nation. The system which obtains
over Ireland as a whole is, moreover, designed to house farm-servants otherwise than on farms. There
does not seem to be good reason for applying it to the crofter and cottar population of the Scotch Con-
gested Districts. It would upset the whoie crofter .system as regards tenure, for the crofter or cottar
would not be providing his own house as at present.
1453. (6) The nearer Irish parallel is, we think, given by the action of the Irish Congested Districts
Board, who, in such counties as Galway and Mayo, have to deal with townships in which congestion causes
insanitary conditions, just as it does in the Long Island. The Board relieves congestion by acquiring
REPORT. 219
estates and " migrating " the cottars from the congested townships to untenanted lands on the estate.
The whole modern Irish system being based on peasant proprietorship, the Board sell the holdings thus
erected to the new holders, but they sell the holdings equipped with new houses. It is true that the Board
build the houses, but they are able to do so cheaply, because the skilled labour is cheap in the West of
Ireland as it is in crofting districts in Scotland, the mason, joiner, and slater in both comities not being
" capitalists " but " journeymen," and the Board provide the materials in bulk, quarrying the stones
on the estate, which is their property. They thus get the benefit of the cheap labour of a peasant com-
munity and the cheap material secured by State collectivism.
1454. It appears that in Scotland we might learn something from the Irish system, though, of course,
there is no proposal that a Public Department in Scotland shall buy up whole estates in congested districts.
Accordingly, the paternalism of the Irish system will be avoided. The crofter or cottar will remain the
principal in the transaction, he will employ the skilled workman and put his own labour into the work.
In fact where labour is concerned in the Scotch congested districts it is not lack of that which hinders
improvement in housing. The Lewis men who renew roofs every year because they put the old one on
the fields and knock out the wall of the byre to cart out the year's accumulation of manure are not troubled
by lack of labour, and this consideration should be kept in view when poverty is spoken of as being at the
root of the housing difficulty. It is, however, the difiiculty of getting materials for the roof and the joiner-
work that stands in the way. It is in these directions that the estate authorities have given help in
crofting districts. (Conacher, 43,464 (6).) The cost of providing these materials is great on the west
coast of the Mainland and in Skye, but it is greater in Shetland and the Outer Hebrides.
1455. It is in meeting these difficulties that we think that the Board of Agriculture can follow the
example of the Irish Congested Districts Board. They can sectire for the crofter population the benefit
of the purchase of materials in bulk. The Board could store materials, including ready-made windows,
in part of the congested districts, and sell them outright or by loan at cost price. We understand that for
the purposes of large new settlements, as, e.g., of fifty or sixty holders, the Board would import stores of
material in bulk. Our suggestion is that they should proceed on similar lines to improve the rebuilding
of houses in existing holdings, such as we hope to see stimulated in the worst parts of the congested
districts by the measures recommended in this Report. The materials should be sold at cost, and should not
include an addition for cost of transit or storage, which cost should be charged to the Board's Loans Fund.
1456. The intervention of Public Authorities cannot, however, stop short at assistance of this kind.
The problems cannot otherwise be left to the initiative of the crofting communities. So far as housing
goes, no doubt the gradual increase in prosperity and the improvements in land tenure have enabled the
crofters to go so far in solving the problem for themselves. But in certain parts of Caithness and the
west and north coasts of Ross and Sutherland a fm-ther stimulus is needed, and in the insular districts
concerted and systematic effort is necessary to improve housing, drainage, and water-supply. Different
authorities are concerned here. So far as it is a question of making land available and improving the
economic condition of the people, the Board of Agriculture have powers and resources. So far as the
question is one of public health administration, the Local Authorities and the Local Government Board
come in. Moreover, in the insular and the more backward mainland districts any remedial measures
adopted must be taken for the township and not for the individual crofter holding. This is particularly
true of the townships — of which Lewis affords the most striking instances — congested by subdivision of
crofts to provide for cottars. We think, too, that the Education Authorities might do much, as we gladly
recognise that some of the schoolmasters are doing at present, to educate the rising generation in correct
ideas in sanitary matters ; for, apart from poverty, it is the existence of a low level of public opinion and
the adherence to practices which have a raison d'etre but are prejudicial to the public health which con-
stitute some of the greatest obstacles to progress. And for these purposes the co-operation of the Local
Authorities is indispensable.
1457. It is impossible at this date to go back to estate administration for these purposes, especially
in the islands. It seems to us equally reactionary — as is proposed by the minority — to ignore and super-
sede local administration, which has now been on a representative basis for twenty years. The substitute
for the Outer Hebrides and Skye proposed by our colleagues is pure bureaucracy, and at the best this
is purely a mechanical solution, and will do nothing to carry the intelligent co-operation of the crofter
communities with it. Moreover, no bureaucracy could have the local knowledge which the Local Author-
ities possess. They alone know in what cases pressure should and could be applied, who should be made
to build a new house, and who only can be asked to improve an existing one. It must be the work of the
Local Authorities to undertake, under rules and instructions to be issued by the Joint Committee after
referred to, a systematic survey of bad townships, and indeed of their whole areas. We say so much
at this stage ; further on in the Report we argue in favour of the retention of the District Committee
as the suitable Local Authority for pubhc health administration.
1458. The Minority quote three cases of expenditure of public money on projects which turned out
very imsuccessful. These are not very happy illustrations of their argument against the present adminis-
trative system, as two of them — namely, Portness Harbour and Petersport Pier schemes — were started
before the existence of the Board of Agriculture's predecessors, the Congested Districts Board. The latter
Board came into existence in 1897, and the two schemes referred to were started in 1891 and 1895 respec-
tively by the Secretary for Scotland for the time being. Indeed, the cases referred to might be taken as
an illustration against a bureaucratic system such as is advocated by the minority, seeing that the schemes
were initiated by a small Public Works Office which the Scottish Office had set up in Oban in the early
nineties. That office and the staff were removed to Edinburgh when the Congested Districts Board
was established.
1459. (7) We see no reason why the Local Government Board, and the Board of Agriculture as the
successor to the Congested Districts Board, should not be retained as the central authorities in their
respective spheres for improving the housing in congested districts. A Joint Committee of the two
Boards with technical advisers should be constituted to work out the problems in the crofting areas, and
we think a special effort should be made during the ten years immediately succeeding the passing of
any legislation to work out the scheme sketched in this Report for the solution of these problems.
220 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1460. The Local Government Board would have the duty of stimulating the various Local Authorities
to keep up a proper public health administration, and of approving byelaws for building and sanitary
purposes. Further, if our proposals are carried out, they will have the administration of a fund to assist
the provision of water-suppUes and drainage where that is practicable in crofting districts. They should
co-operate with the Local Authorities and the Board of Agriculture in the selection of suitable building
sites, and in the drainage of such sites. The Board of Agriculture is the authority which is charged with
the duty of seeing that crofters' holdings are maintained in being, and, as we have seen, the provision and
maintenance of the buildings thereon is the main consideration on which turns the survival of a crofter's
holding. It is also the authority which makes new settlements in crofting districts or elsewhere, and
through its surveyor's staff has necessarily an unequalled experience of the problems connected with
the choice of sites of houses, and the quality and extent of the accommodation in dwelling-houses and
steadings suitable to every class of holding. The Board also, as we have seen, imports materials for build-
ing on new settlements in crofter districts. So far as water-supplies are concerned, the Board confines
its activities to new settlements formed under the Small Landholders Act and its own estates. The
Board is also the authority charged in conjunction with the Agricultural College with improving the
productive power of crofts by improving the tillage and stock. It also makes grants for roads to crofter
townships, and helps home industries. It is conceded on all hands that the housing of crofter communities
is only one aspect of the general problem of improving their general economic condition. Moreover,
if the provisions of the Amending Bill of 1914 become law, the Board would have additional power of deal-
ing with common grazings.
1461. To create an ad hoc authority, as is suggested by our colleagues in the Minority, as already men-
tioned, would, in our view, be inadvisable. It is only six years since Parhament dehberately merged in
the Board of Agriculture the Congested Districts Board, which had previously been set up as a separate
developmental authority for the congested districts. We are convinced that it is not good that the
crofting districts should be segregated in administration from the rest of the country. The more their
special problems can be seen as varieties of the general problems of administration confronting public
authorities, the more surely and sagaciously are they likely to be handled. Further, unless public money
is to be used to pay salaries on an unjustifiably lavish scale, it is not to be expected that a small
ad hoc body will be able to command anything like the same administrative ability as larger departments.
No one would think of suggesting that for educational purposes the congested districts should be taken
away from the Scotch Education Department and placed imder a separate body, or that the Fishery
Board should take no cognisance of the crofter-fishermen. Indeed, by the Education Act of 1908 the
special arrangements for crofting parishes were, to a certain extent, merged in a general scheme for the
country.
1462. (8) In order, however, to secure definite improvement in the worst districts, such as we find
in the Outer Hebrides, the Board of Agriculture should, we think, have a systematic and positive pohcy,
such as, so far, they do not seem to have adopted. We recognise that during the first two years of their
existence they had to concentrate, so far as the crofting districts were concerned, mainly on the creation
of new holdings, and that the War has made it impossible to deal with many problems which otherwise
would doubtless have engaged their attention. Up to the present their practice has been to wait for
crofters to take the first step in applying for loans to rebuild or improve their houses, but we are of opinion
that^ — in the Outer Hebrides especially — they should, in co-operation with the Local Authorities and the
Local Government Board, take the initiative in this matter and regard it as a continuation of their work
of relieving congestion by the creation of new crofter settlements on subdivided farms. We think that
a sum of £30,000 per annum for ten years should be set aside and placed at the disposal of the Board for
rehousing in the Outer Hebrides.
The Reldtion of the Local Government Board, Board of Agriculture, Public Health, and
Local Authorities.
1463. (9) The relation of the Local Government Board to the Local Authority is direct and statutory.
The relation of the Local Authorities to the Board of Agriculture is less direct but quite as real, and is
determined mainly by the fact that the Local Authority under the Public Health Acts wishes (1) to have
such-and-such a house rebuilt, but will not issue a Closing Order, as its owner has not the means to rebuild ;
or (2) to have such-and-such a cottar removed from his present dwelling-house and settled elsewhere,
but cannot provide him with the land for this purpose ; while the Board of Agriculture is probably in a
position to meet either of these difficulties. Looking at the question again from another angle, we may
say that so far as the whole business is part of public health administration, the initiative hes with the
Local Authority, and, so far as it is the relief of congestion, with the Board of Agriculture, due regard
being had to the fact that for purely public health purposes the Local Government Board is the central
authority.
1464. We think, then, as already indicated, that all Local Authorities in the crofting coimties should
be directed to bring before the notice of the proposed Joint Committee of the Local Government Board
and the Board of Agriculture all crofting townships in which the pubhc health is threatened by bad,
insanitary housing, and acquaint the Boards with the main difiiculties that lie in the way of improvement.
It would then be the duty of the Joint Committee to consider whether the cause of the trouble lies in some
defect of the economic condition of the township such as can be remedied by providing the crofters with
enlargements of their holdings, or " migrating " some of them to new holdings elsewhere, and dividing
the holdings thus vacated among the remaining members of the community, and in this process closing
the worst houses, and either dismantling them or leaving them to be used as byres. This procedure may
encoimter special difficulties, as in the Lewis townships, where excessive subdivision has gone on. This
will be dealt with separately. Apart, however, from an improvement of economic conditions, bad
housing may be due to disinclination on the part of crofters to execute obvious improvements which are
within their means. In such cases the Local Authority will usually know what is the financial position
ol the crofter, and how far, accordingly, they are justified in putting pressure on him. There may be
REPORT. 221
cases where to require the rebuilding of a house might inflict hardship, but where an improvement of the
existing houses is not out of the question. The crofter will usually be able to supply the labour necessary
to^the improvement if it means building a partition between the house and the byre, or putting a new roof
on the house, in the latter case probably with the assistance of a slater. Where material which it is difficult
for the crofter to obtain is required for an improvement of this character, he should, we think, be able
to obtain it on credit from the Board of Agriculture. If a standing arrangement of this kind were reached
between the Local Authority and the Board, the former should not hesitate to use it? powers under the
Public Health Act to put pressure on the crofter. We think in this connection that the Local Authorities
in all crofting districts should pass building and sanitary byelaws to be enforced with regard to all new
houses, and to a reasonable extent with regard to existing houses. If there is a general improvement
in a district, pressure can be successfully apphed to a minority. The Joint Committee of the two Boards
should frame model byelaws for building and sanitary purposes for crofting districts.
General Character and Resources of Local Authorities under the Public Health Acts in
Crofting Districts.
1 465. (10) The District Committees are the Public Health Authorities. The experience of Local Govern-
ment administration in Scotland during the last generation has come to show that, in view of the exist-
ence in the rural counties of Scotland of relatively large thinly-populated areas in and between which
conmumication is difficult and costly, the Local Government district is the best imit, if Local Government
is to have a popular and representative character in Scotland. It is notorious that in counties like Ross-
shire and Inverness-shire there is little community of feeling between the eastern parts of the counties
on the one hand, and the western parts of the mainland and the islands on the other. South Uist has
not much more in common with Inverness than it would have with Perth or Aberdeen. Similarly, Lewis
is a definite entity quite distinct from the Black Isle. Argyll, again, is physically a much broken-up
county, but has a more homogeneous character in virtue of being entirely a west coast county. More-
over, the difficulty which exists in Inverness and Ross of an east coast centre of government, from which
the western parts are remote, does not arise in Argyll, where it has been tacitly agreed not to have one
definite centre, so that the County Council meets now at Oban and now at Dimoon. Even so, however,
the district system is deeply rooted in Argyll, and Lorn is distinct from Kintyre, and both from Cowal.
1466. Sutherland and Caithness are more homogeneous counties, and in each of these the county is
undivided into districts. Orkney and Shetland are, however, divided in virtue of their being groups
of islands.
1467. We do not think that any good purpose would be served by disestablishing the district as
the unit of public health admuiistration, keeping in view that it is also the unit of road administration,
subject to the general supervision of the Comity Road Board. Possibly the mainland Ross-shire dis-
tricts might be rearranged.
Water-Supplies.
1468. (11) From the summary of evidence on the subject of water-supplies, it is clear that in crofting
districts this must be regarded as a public service to be undertaken by the Local Authority. The
contour of the land and the general sparse distribution of population alike negative the possibility of
using central systems of supply for fairly large areas. It is true that the evidence furnishes several
instances of supplies provided primarily for populous places formed into special water districts being
made available for the crofter population of the neighbourhood. Such districts, however, have usually
been formed in the crofting areas of the east coast, and the majority of the crofter townships are on the
west coast and in the islands. In practice, then, the problem resolves itself mainly into the provision
and preservation of wells, of which there should be a limited number for each township. Though we
think that this work will only be done satisfactorily if the Local Authority undertakes it, we are equally
convinced that the intelligent co-operation of the crofters is required. They should provide the labour
needed for carting materials and building the actual structure of the well, including any protective
covering, and thereafter, as a community of consumers, take every care of the well, and protect the water
from all kinds of pollution. For the purposes of water-supplies, drainage schemes, and roads, Local
Authorities should be given powers to acquire any land necessary on paying compensation, such com-
pensation to be obtained from the funds of one of the Boards, whichever is appropriate.
1469. In districts where water tended to run scarce in the summer — and these are not numerous
in the Highlands and Islands — it might be possible to build small tanks, as, according to Mr Coles, Chief
Surveyor to the Board of Agriculture, the Congested Districts Board did at Vatersay. (Coles, 5360.)
Mr Coles thought that if a water-supply were brought vnthin a quarter of a mile of each crofter's house,
no serious grievance would be felt.
1470. The possibility of serving crofter communities by special water districts being generally ruled
out, the Local Authority is forced back on to the Public Health rate, with its limitation of Is. in the £
for its purposes. This limit has been reached in Lewis and other districts. It appears to us that for the
provision of adequate water-supplies a special grant shoiild be provided by Parliament, to be made avail-
able in insular districts in which the public health assessment is levied at Is. in the £. For the purpose
of making such grants a fimd of £20,000 a year for ten years should be placed at the disposal of the Local
Government Board, who would disbiirse it in aid of schemes of water-supply and drainage approved by
them.
Rating Anomalies.
1471. (12) Rating anomalies also have been brought to our notice as occurring mainly in insular
districts. These arise mainly from the lack of imiformity in the position of the cottar and squatter
in respect of liabihty to pay assessments, as the result of which their position is, in some districts, con-
trasted favourably, and in others unfavourably, with that of the crofter. Here we take the opportunity
of saying that whoever is burdened with excessive rates in the insular districts it is not the crofter. On
the whole he gets o£E more lightly than anybody. The rate per £ is a fallacious test of the burden of rating,
except for the proprietor. Indeed, by this test the rates are high in Lewis, Barra, and some of the Shetland
222 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
parishes. The main thing to be kept in view, however, is that the " burden " of rating is heaviest in the
parish rates, i.e. the Poor Rate and the Education Rate. For these purposes the actual amount to be
levied by assessment is divided equally between owners and occupiers. Hence even if the crofters paid
more rates than they do, they would relieve the other occupiers — farmers and shooting tenants — but not
the owner, who would always have to pay half the sum levied by assessments. In any part of the
country where the crofter tenure did not exist, no doubt an owner, who foimd that the parish rates were
heavy through a preponderance of poor persons on his estate, would either get rid of them, or pass on part
of the owner's rate in the form of higher rents, but neither of these remedies is open to the owner of an
estate in a crofting district.
1472. ( 13) The favourable position of the crofter in regard to rating affects the problems under our con-
sideration in so far as it creates difficulties in the way of dealing with the cottar. The crofter in any case
would pay rates only on his fair rent, which does not include the actual value of his buildings, but, imder
the Agricultural Rates Act, 1896, he gets a further rebate in the sense that he is assessed only on three-
eighths of his fair rent. The cottar is either not assessed at all, or, if he is, assessed on an annual value much
higher than the crofter. In either case his position is not so satisfactory. He is not assessed if he is a
sub-tenant of the crofter and does not pay rent to the estate. If he does pay rent to the estate for the
site of his house and a piece of garden ground or a cow's grass, he is usually assessed on the annual value
of his house as owner and occupier, being treated, in fact, as a feuar. Apart from the provision of the
Small Landholder's Act, 1911, which definitely exempts the crofter and landholder from being rated
on his improvements, it is difficult to see why the cottar has been rated on his improvements, while the
crofter has not been so rated. It is, however, not possible now to put the cottar back into line with
the crofter, but we think that probably the " letting value " pf the cottar's house is put too high, especi-
ally as he is rated as owner and occupier. The house of a cottar practically has no letting value, and
he should get the same consideration as is given in the assessment of mansion houses, which are usually
contended to be extra commercium. The present high rating of cottars acts as a serious check on the
regularising of the question of cottars, and tends to encourage the irregular subdivision of crofts. This
consideration does not apply to the fairly well-to-do " squatter," who has built a house on the common
grazings of a township in Lewis. He should, we think, be made to pay rates just as if he were a feuar.
His position should be regularised either by a direct statutory enactment authorising the Local Authority
to deal with him, or by the resumption of the portion of common grazing on which he has " squatted "
by the estate with a view to the squatter being made a tenant of the estate or a feuar. Similarly, the
cottar who does not pay rates through being merely a sub-tenant of a crofter should be put into a position
in which he will pay rates according to the annual value of his house and land. We suggest £2 per
annum as a fair (fixed) annual value of cottars and squatters' houses.
Subdivision of Crofter Holdings in Lewis and other Parishes in the Outer Hebrides.
1473. (14) The discussion in this part of the Report on the aggravation of the insanitary townships
in Lewis, where this phenomenon is most conspicuous by the subdivision of crofts in order to accommodate
cottars, indicates the conclusion that, as the cottars cannot simply be ejected and their houses pulled
down, and as the farms in the island if they were all subdivided would not provide for all of them, while
schemes of migration to the mainland seem more or less impracticable, the reallocation of township lands
in Lewis, and possibly some of the other islands, must be faced. As already stated, this might be done
by the action of the proprietor under section 2 of Crofter Holdings Acts, 1886, which distinguishes, among
purposes for which resumption may be applied, the " building of dwellings " and " small allotments."
It is true that originally such small allotments were to be " for fishermen," but the 1911 Act repealed
these two words, thus leading to the necessary deduction that it was the intention of Parliament to
facilitate the settlement of cottars. It may be that the landowner, though unwilling to apply for the
resumption of land for settlement of cottars on a large scale, would not be averse from seeing a public
Department undertake this business. We reconamend, accordingly, legislation on the lines of clause 4
of the Bill to Amend the Small Landholders (Scotland) Act, 1911, introduced into Parliament in the
session of 1914, which authorised the landlord, or landholders, or the Board of Agriculture, to apply to
the Land Court to admit new holders to participate in a common pasture, or to apportion a common
pasture or grazing for the exclusive use of new holders, or in common or individually, and either as arable
ground or pasture, if satisfied that such participation or apportionment is for the good of the estate and
of the holdings or tenancies concerned, or " to grant pasture or grazing rights and common pasture or
' grazing to cottars who have been in use to pasture or graze stock thereon." These provisions should,
we think, include the building of houses upon the land (say two or three acres) thus assigned as arable
ground for new holders.
1474. (15) There is, however, one point in regard to which some modification seems desirable. We
doubt whether the cottars thus settled on a common grazing should be made " new holders," that is,
landholders in the meaning of the Small Ijandholders Act. It seems, on the whole, unfair to the owner
of an estate comprising common grazings thus dealt with to saddle him with liability to pay compensation
to the cottars thus settled. We think that it will be sufficient if their holdings are deemed to be cottars'
holdings in the meaning of section 9 of the Crofters Holdings (Scotland) Act, 1886, which provides com-
pensation for permanent improvements payable to removed or renouncing cottars ; such compensation,
however, to be payable in respect of holdings formed on common grazings, only if the cottar is removed.
This would give the cottar sufficient security of tenure, and enable him to give the Board of Agriculture
sufficient security for a loan to enable him to build a house. The cottar might also, we think, be allowed
something like the right of a feuar in disposing of his buildings to a successor, subject to the consent of
the estate, and, in the event of disagreement, with an appeal to the Board of Agriculture.
1475. Any scheme of this kind initiated by the Board of Agriculture should be framed in consulta-
tion with the District Committee and the Local Government Board, who would be interested in select-
ing the townships most requiring relief by such a process, and in indicating the cottars who, in virtue
of the insanitary character of their dwellings, or of the prejudicial effects of such dwellings by contiguity
to the crofters' dwellings, should be removed to new holdings on the common grazings, and in dealing
REPORT. 223
with the holdings they freed from congestion, and settling which of the existing houses of such holdings
should be dismantled, and how those that were left should be dealt with. The Board of Agriculture
would also be largely responsible for adjustiag the financial mterests of parties concerned.
1476. With a view to facilitating a process of this kind, and mcreasing productivity of township land,
we think that the Board of Agriculture should make a systematic attempt to improve the " agriculture "
of the Hebridean crofter by introducing an improved rotation, providiug fencing, improving the common
grazings, and reclaiming peat land, as has been done in parts of Ireland, and they should also have power
to give loans for taking over sheep stocks, and for other similar purposes.
1477. Certain administrative points alleged to be of difficulty were suggested by some of the
witnesses, and we propose to deal with them shortly here.
Who is Owner of a Crofter's House far Public Health and Housing Purposes ?
1478. Mr Robertson, Sanitary Inspector, Caithness, stated that there was a difficulty in deternuning
who the owner of a house is in connection with the provision of water-supply (16,283), and several wit-
nesses said there were difficulties in determining who the owner is for the purpose of the administration
of the Housing Acts. (Mackenzie, 6549 (4), 6556 ; Brenmer, 14,712 (5) ; Dick, 16,069 ; Young, 16,178
(7).) In regard to these points, we observe that section 11 of the Small Landholders (Scotland) Act,
1911, definitely states that all duties or liabilities imposed on the owner of premises erected on a holding
by or for a new holder under any provision relating to the removal or remedying of a nuisance, or the
provision of a water-supply, contained in the Public Health (Scotland) Act, 1897, shall, so long as the
landlord receives no rent or other consideration in respect of such buildings or other premises (and
failing agreement with the landlord to the contrary), be transferred to, and discharged by the landholder.
This direct statutory enactment seems to suggest that in regard to the existing landholders (i.e. landholders
existing at the time the Act was passed) no such obligation rests on them. We are of opinion that, if
it is necessary to operate the Public Health and Housmg Acts, such an obligation should be imposed
on all small landholders. We point out that we are making recommendations which should render
more easy the enforcement of the Public Health and Housing Statutes, by the provision of assistance
to crofting areas for the erection of houses and the obtaining of suitable water-supplies.
Powers of Scottish Land Court.
1479. Under section 32 (11) of the Small Landholders (Scotland) Act, 1911, a statutory small tenant,
whose landlord on the renewal of his tenancy fails to provide such buildings as will enable the tenant to
ciritivate the holding according to the terms of the lease or agreement, or fails at any time to maintain
the buildings and permanent improvements required for the cultivation and reasonable equipment
of the holding, may apply to the Land Court to find and declare that this is the case, and the Land Court,
after hearing parties, and giving the landlord, if he so desires, an opportunity of remedying his failure
as aforesaid, may issue an order declaring that the said statutory small tenant shall become a landholder.
This provision, to a certain extent, introduces the Land Court as a kind of authority on the question of
housing, and it has been suggested that administrative difficulties might arise in the event of the Land
Court and the Local Authority, under the Public Health and Housing Acts, observing different standards
of housing for the purpose of such statutory small tenants. It is further suggested that, under the pro-
cedure described as above, it would be possible for a tenant in this position to be hving for some time
in an insanitary house, without any obvious means of remedying that position. (Robertson, 16,234
(61), (62), 16,274-76.) We do not think the point of fimdamental importance, but in order to obviate
any conflict of authority we suggest that the Land Court, in considering any applications as described
under section 32 (11) of the Small Landholders (Scotland) Act, 1911, should give the Local Authority
under the Public Health Acts the opportimity of submitting a report on the condition of the dwelling-
house and other buildings on the holding, and also their desiderata as to the condition into which these
buildings should be put to conform to the general Public Health and Housing Statutes, and in dealing
with said applications the Land Court should, so far as their fimctions permit them, give effect to the
requirements in the Report.
Reasons against " ad hoc " Board.
1480. Before passing to the Summary of Recommendations which we make, we wish to emphasise
our view that the Minority's proposal of an ad hoc Board would be an ill-advised step to take. It would
almost certainly lead to friction, and probably an absolute breakdown of local government administration.
Notwithstanding the suggestion of the Minority that the Board at the outset of its career should insist
on a thorough imderstanding with the Local Authorities, we fear that the latter might be inclined either
to resent the interference, or, at all events, take no further part in the local government of the islands.
It is very desirable to retain the present local government administrative system, and our proposals
include active and friendly co-operation between the two Boards, namely, the Board of Agriculture and
the Local Government Board on the one hand, and the Local Authorities on the other, with a view to the
improvement of the whole crofting (including housing) conditions in the Outer Hebrides. The congested
state of many of the crofter townships renders it necessary to deal with the township as a whole, and
this question, as well as the cognate question of migration (local or otherwise), renders it essential that
local knowledge, and the activities of Local Authorities, should be obtainable and preserved for the benefit
of the Central Authorities.
1481. A part of the Minority chapter on the Outer Hebrides consists of general statements of certain
conditions in the Outer Hebrides, and of the characters and characteristics of the inhabitants. We are
not sure that we agree with the description of the Outer Islands crofters ; but even if the description were
correct, we think that that should go to prove the importance of dealing with the whole problem on lines
which would extend, develop, and improve an already well-tried system, both of local and central adminis-
tration, rather than introduce a new system which at the best presents no obvious probability of success,
and which, if it failed, would leave matters worse than before.
224 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Summary of Recommendations and Suggestions in Chapter XVIII.
(1) That it is desirable to respect the system recognised by the Small Landholders Acts, under which
the individual crofter is regarded as responsible for the provision and maintenance of the buildings on
his holding, and to treat the crofter tenure with this essential incident of it as the basis of any measure
taken to improve the housing. (Paragraphs 1447-1449.)
(2) That it is also necessary and desirable to insist that the Housing and Public Health Acts shall be
observed as fully and carefully in the crofting areas as in any other areas. The Local Government Board for
Scotland is the central authority charged with the duty of seeing that these Acts are carried out, and they
should exercise their functions in these areas just the same as in others. The Board of Agriculture,
therefore, in giving loans, as they are authorised to do by statute, for crofters' housing, should confer with
the Local Government Board, who (along with the Local Authorities) have the power of approval or dis-
approval of houses whether financed by the Board of Agriculture or not. (Paragraphs 1456, 1459, 1460.)
{Note.— This matter is treated in a subsequent recommendation (7) for a Joint Committee of the two
Boards.)
(3) That it is also desirable (a) to make use of the prevalent arrangement in crofting districts, under
which the crofter takes part in the building of the house, and quarries and carts the stones, employing
a mason, and perhaps a slater and a joiner, to do skilled work; and (b) to provide materials which the
ordinary crofter has but little facility for obtaining himself — this arrangement securing a cheap and
convenient house erected to satisfy the actual requirements of the person who is going to inhabit it.
(Paragraphs 1447 and 1455.)
(4) That in view of the fact that the supply of labour, skilled and unskilled, and of stone is abundant
in most crofting districts, and that the actual economic difficulties arise in the districts where housing is
most backward — in the Island districts and the west and north coasts of the mainland — from the scarcity
of and cost of importing wood for the joiner-work, roofing materials, such as slates, and, in some districts,
Hme, the principal form which State assistance should take for the purpose of meeting these difficulties
is the importation, in bulk, of the materials specified for the use of the districts where they are difficult
to obtain locally, to be stored and sold to crofters at cost price, thereby securing to them the benefit of
co-operative dealing and purchase at wholesale prices. The prices should not include transit or storage
expenses. (Paragraph 1455.)
(5) That this work should be undertaken by the Board of Agriculture, who have full statutory powers,
and at present are in the habit of making loans for housing, both to existing crofters and those placed
on holdings in new settlements instituted by the Board — such loans in the Hebrides not usually exceed-
ing £50, and intended mainly to assist the provision of imported materials. (Paragraphs 1425 and 1455.)
(6) That the problem, however, caimot be left otherwise to the initiation of the crofter communities,
especially in the Outer Hebrides, since, to a certain extent, the present position is due to the congestion
of these communities, to their attachment to certain practices which have a raison d'itre but are pre-
judicial to the public health, and to the lack of educated public opinion on questions of public health ;
that so far, on the other hand, as the bad housing, with its concomitants, drainage, impure water-supply,
is due to the economic condition of these communities, the problem will again not be solved simply by
substituting a new house for every " black house," wherever these are inhabited. (Paragraph 1456.)
(7) That it calls for concerted action by the Local Authorities and the Local Government Board,
as central authority under the Housing and Public Health Acts, and the Board of Agriculture, as interested
in promoting the economic welfare of the crofter communities, and specifically authorised and empowered
to deal with crofter housing. In this connection we think the Secretary for Scotland should constitute
a Joint Committee (with technical advisers) of the two Boards, to work out the problems in the crofting
areas. The Local Authorities in all the insular districts and on the north-west and north coasts of the
mainland should, on lines prescribed by the Joint Committee proposed to be constituted, and assisted
by the Committee's technical advisers, make detailed surveys of all their areas to ascertain and record
what improvements are required in housing (both new housing and improvement of existing housing),
water-supplies, and drainage, and submit the reports of these surveys to the Joint Committee. (Paragraphs
1457, 1459, 1460.)
(8) That the subjects which would fall to be considered and decided by the Joint Committee would
include the following : —
{a) Migration of inhabitants to subdivided farms, and possibly to other parts of the Islands,
including paying the expenses of such migration.
(6) The provision of assistance for building new houses for the migrants.
(c) The provision of assistance for building new houses in room of condemned houses, or of
building new houses to relieve congestion.
(d) Provision of assistance for improvement of existing housing.
Note. — The character and design of new houses, and the choice of sites for such houses,
which are matters falling under the jurisdiction of the Local Government Board,
would require very careful attention from the Joint Committee of the two
Boards.
(e) Drainage of sites for new townships.
(/) Provision of assistance for local industries, such as, e.g., loans for boats and gear, or taking
over sheep stock, or similar purposes.
(gr) Question of subdivision of holdings. To enable this to be satisfactorily considered, the
surveys mentioned above would require to record details of number (and names) of
crofters, cottars, and squatters (and their families) in different townships ; and what are
the possibilities of subdivision or creation of new holdings and of migration, of assistance
to the local industries other than crofting, and of the existing roads, and what would be
required in the way of new roads.
(A) Water-suppUes, drainage schemes.
(Paragraphs 1456, 1460-1462, 1464, 1468, 1469-1476.)
REPORT. 225
(9) That the Joint Committee should frame rules or instructions for the guidance of the Local
Authorities in imdertaking the surveys above mentioned in previous paragraph, which rules or instruc-
tions would indicate the points detailed above, and other relevant points upon which the Joint Committee
would desire specific and ample information. (Paragraph 1457.)
(10) That for the purpose of making loans in the crofting counties for rebuilding houses, and improving
those capable of improvement where rebuilding is not necessary, or where the circumstances of the
inhabitants make it impossible for them to undertake operations without assistance, and for the other
purposes mentioned, the Board of Agriculture should be placed in possession of a sum of £30,000 a year
for ten years- any money not disbursed in one year to be carried forward for future expenditure, and not
to form a deduction from the grants in succeeding years. (Paragraph 1462.)
(11) That, similarly, the Local Government Board should be provided with a fund of £20,000 a year
for ten years, to assist Local Authorities in the same areas to improve the drainage and water-supplies
of crofting townships, in accordance with schemes approved by the Board, any surplus in one year to be
carried forward as specified in preceding paragraph. (Paragraph 1470.)
(12) That the Joint Committee of the two Boards should frame model sanitary and building byelaws
which Local Authorities in the crofting districts should be) required to adopt and enforce. (Paragraph
1464.)
(13) That for the purpose of dealing effectively with the insanitary conditions arising out of the ex-
cessive subdivision of crofts (and consequent crowding of houses on the crofts), common in many of the
townships of Lewis and other parts of the Outer Hebrides, the Board of Agriculture should be authorised,
by legislation on the lines adopted in the Small Landholders (Scotland) Acts Amending Bill, 1914, to
apply to the Land Court to resume portions of the common grazmgs of such townships — in the event of
the landlord being unwilling to take such action — and allot thereon at a nominal rent to cottars, whom
it is desirable to remove from the crofts, sites for new houses with two or three acres of land to be culti-
vated by them. (Paragraph 1473.)
(14) That such cottars should be tenants of the landlord, enjoying " cottar " tenure within the
meaning of the Crofters Holdings Act, 1886, but they should only be entitled to compensation from
the landlord in the event of disturbance, and should be assessed on their rent as owner and occupier
of the houses, the annual value of which should be kept low ; and that £2 a year is suggested as a fair
(fixed) annual value for all such houses for assessment purposes. (Paragraphs 1474 and 1472.)
(15) That, similarly, squatters who have built substantial houses on common grazings should have
the sites of their houses resumed, and either made to take a feu from the landlord, or (if the landlord
is imwilling) be dealt with on the same lines as proposed for cottars in the foregoing paragraph.
(Paragraph 1472.)
(16) That the Local Authorities should be given powers to acquire any land — whether in the possession
of the owner or of crofters, cottars, or any other persons — for the purposes of water-supplies, drainage,
or roads, on paying compensation to be settled by arbitration — failing agreement — to parties interested,
the compensation to be paid out of the funds of one of the Boards, whichever is appropriate to the purpose
for which the land is acquired. (Paragraph 1468.)
(17) That with a view to facilitating a scheme of the kind referred to in Paragraphs 1474 and 1475
and increasing productivity of township land, we think that the Board of Agi-iculture should make a
systematic attempt to improve the " agriculture " of the Hebridean crofter by introducing an improved
rotation, providing fencing, improving the common grazings, and reclaiming peat land, as has been
done in parts of Ireland, and they should also have power to give loans for taking over sheep stocks,
and for other similar purposes. (Paragraph 1476.)
(18) That all existing landholders should, for the purposes of the Housing and Public Health Acts,
be recognised as the owners of their houses. (Paragraph 1478.)
(19) That in dealing with applications imder section 32 (11) of the Small Landholders (Scotland)
Act, 1911, the Land Court should give an opportunity to the Public Health and Housing Authorities
to submit a report on the houses and other buildings erected upon the holding of a statutory small tenant,
and should, so far as their functions permit, give effect to that Report. (Paragraph 1479.)
(20) That it should be recognised by the Local Authorities, and by the Board of Agriculture and the
Local Government Board, that a special effort should be made during the ten years immediately succeeding
the passing of legislation to work out the scheme sketched in this Report for the solution of the special
problems in the crofting areas. (Paragraph 1459.)
CHAPTER XIX.
LAND IN RELATION TO HOUSING.
Preliminary.
1482. For a proper understanding of the intimate — indeed inseparable — association between land
and housing, we will require to discuss the following subjects :—
Chapter XXI. (1) Building Restrictions.
Chapter XXII. (2) Cost of Land : the Feuing System and Feuing Rates.
Chapter XXHI. (3) Leasehold Tenure.
(4) Certain Tenures at the Will of the Proprietor — which in effect is year to year, and
which legally involves the right of the proprietor to resume possession of the
land and take over the buildings^ — if any thereon — without compensation.
Chapter XVIII. (5) Crofting Tenure (discussed in Chapter XVIIL), dealing with Housing in Crofting
Areas.
15
226 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Chapter XXIV. (6) Acquisition of Land for Public Purposes (i.e. City Improvement Schemes,
Clearance of Slum Areas, Housing Schemes, Water and Drainage Schemes, etc.),
including —
(a) Methods of Arbitration ;
(b) Expenses of Arbitration ;
(c) Cost of Land acquired under Arbitration Proceedings or otherwise
for Pubhc Purposes above mentioned.
1483. To enable us to discuss these subjects with distinctness, we propose to clear the ground by
giving a short historical account of Land Tenure and Titles in Scotland (Chapter XX.). We will try to
show the origin and development of the present tenure of land, and, taken along with any observations
we may feel called upon to make in the course of this account, we hope to arrive at a comprehension on
a historical plane of the above subjects and the difficulties which lie in the path of housing reform
in so far as these difficulties relate to the use of land. That a clear view of these difficulties should be
obtained is important, for in connection with housing land is required not only as sites for houses them-
selves but it is just as necessary for : —
(a) Gardens and Allotments for Houses;
(6) Recreation Spaces and Playgrounds ;
(c) Roads and Streets and Street Widenings ;
(d) Public Parks;
(e) Schools, Halls, Churches, Hospitals, Asylums, Poorhouses ;
(/) Catchment Areas for Water;
{g) Sewage Disposal Works and Refuse Depots or Destructors ;
(h) Wayleaves for Water Mains, Sewers, Gas Mains, Electric Mains, etc. ;
(i) Gasworks and Electric Lighting Stations ;
(j) Electric Power or other Motor Power Work to provide Means of Transit ;
(k) Railway and Tramway Systems of Transit ;
and no doubt for other purposes intimately connected with Housing.
1484. Land, indeed, is in many ways the most important factor in housing. Without a plentifu
supply of cheap land and easy access to it, house dwellers cannot get sufficient space, nor water, not
sunshine ; they cannot even get sufficient air.
1485. We do not, therefore, require to apologise for giving land and cognate subjects careful dis-
cussion and much prominence in this Report.
CHAPTER XX.
LAND TENURE AND TITLES.
1486. The Scottish system of land rights is based on the feudal system. While social relationships
have completely changed since it was introduced, titles to land still chng to the theory, and, with
modifications, the forms, of feudal times. " Superior " and " vassal " are terms still in everyday use,
and every proprietor of land or houses (with the triffing exception of allodial lands aftermentioned) is
to-day either a superior or vassal — freq\iently he is both.
1487. The essential characteristic of feudal tenure was that all rights to land were derived from the
sovereign on condition of miUtary service. The king made grants of lands to his more powerful subjects
(his vassals), who in return were bound to him by an oath of fidelity and an obligation to attend his court
in peace, and, with their vassals, to follow his standard in war. These nobles made subordinate grants
of parts of their territories on similar conditions to their dependants (their vassals), who in their turn
further subdivided the land among theirs, thus providing a military following down to the lowest rank.
1488. The recipient of every grant of land became a vassal, and the granter was his superior, the king
being the paramount superior. The reciprocal obligations of superiors were to protect their vassals, and
these mutual obhgations, descending through the successive orders of sub-infeudation, united the interests
and efforts of everyone from the sovereign downwards to the humblest dependants.
1489. Incidental to this system there were casualties of superiority which often bore hardly upon
vassals, especially at the instance of inconsiderate superiors. These may conveniently be described in
dealing with the different kinds of tenure or manners of holding under feudal grants. There will be
disclosed at the same time something of the modifications that have been made on the system as it
prevailed in earlier times.
1490. A grant of land is called a feu, and in its strict sense that means the right of the vassal.
Originally it was a gratuitous right given on condition of fidehty and military service. In eariier times
it was given during the pleasure of the superior, and later during the vassal's Hfe, with restrictions on
transfer. But it has, for a long time, had the character of perpetuity, with right of succession of heirs
and transmission by conveyance, and been granted_not for military service but for a payment in money—
either a present sum with an elusory annual payment or an annual amount in money or grain under the
name of feu-duty. Other rights of the superior, besides payment of the feu-duty, being incidents of the
feu, did not require to be stipulated, and these differed according to the tenure or manner of holding.
The different kinds of holdings are : —
Wakd-Holding.
1491. This was the pure military holding, and was implied in every grant even if it was not specified.
When expressed it was usually simply as " services used and wont," and even when feus came to be
granted for an annual payment in money or grain or other services not of military character, the tenure
was still presumed to be ward if that presumption was not precluded directly or by expressing the
holding to be feu-farm or blench-farm.
REPORT. 227
1492. The casualties peculiarly attaching to this holding were : (1) ward, (2) recognition, and (3)
marriage. Others which are common also to feu and blench-holdings will be mentioned later ; but as the
first three will not appear again, they may be explained here.
1493. The casualty of ward — ^from which came the name ward-holding — was the right of the superior
to the full rents of the lands of a vassal who died leaving a minor as his heir. This right continued, in
the case of a male heir till, his majority, and in the case of a female heir till she reached the age of fourteen,
the reason being that the male was considered unfit to bear arms till he had attained majority, and the
female to marry, and so provide a husband capable of serving the superior, till she was fourteen.
1494. The casualty of recognition involved the forfeiture of the vassal's lands to the superior. It
occurred where the vassal ahenated more than half of them without the superior's, consent, and the ground
of it was that the vassal thereby disabled himself from performing the feudal services.
1495. The casualty of marriage was the superior's right to receive from the unmarried heir of his
vassal the value or avail of the tocher which the heir might be expected to receive. The avail was single,
double, or taxed according to circumstances. " Single " was fixed at three, and later at two years'
free rent of the vassal's lands, and was payable even where the vassal married the nominee of the superior.
" Double " was where the vassal married another than the superior's choice. " Taxed " was where the
charter provided a fixed sum.
1496. By Act of Parliament in 1747 (20 Geo. II., c. 50), the tenure of ward-holding and its casualties
of ward, recognition, and marriage, were abolished. In Crown holdings the tenure was converted into
blench -holding, for payment of ope penny Scots yearly, and in holdings from a subject superior the
conversion was into feu-holding at an annual feu-duty fixed by the Court of Session. The Act narrated
that ward-holding and the casualties of ward, recognition, and marriage had been " much more burthen-
' some, grievous, and prejudicial to the vassal's proprietors of the lands held by that tenure, than they had
' been beneficial to the superiors," and among other provisions it enacted that no proprietor of lands in
Scotland should be obliged to attend, appear, and give suit and presence by himself or his procurator
at any head Court.
1497. There were two other casualties, now obsolete, which were not confined to ward-holdings : —
(1) Disclamation, by which a vassal forfeited his whole feu to his superior for disowning the
superior's right, and
(2) Purpresture, which involved a similar forfeiture for encroaching on the superior's property.
SOCCAGE.
1498. This was the name given to the holding where the grant was made on condition of the vassal
cultivating other lands belonging to the superior instead of performing military service. In course of
time the conditions of this holding came to be exchanged for payment in com and cattle, and finally,
in many cases, for a fixed sum in money — ^a feu-duty.
Mortmain or Mortification.
1499. This was the holding where lands were granted to churches or to societies for charitable
purposes. Prior to the Reformation, the services to be rendered were sometimes stipulated to be prayers
and the singing of masses. At the Reformation this tenure was abolished and the mortified lands annexed
to the Crown.
Feu-Holding.
1500. This is the holding now in general use, and the vassal's obligation is the annual payment of
a sum of money — a feu-duty. In earlier times, it was common to stipulate for personal services similar
to those in ward-holdings. The vassal was sometimes bound to attend the superior in wars and com-
motions, and at frays and foUowings. These services were known as hosting and hunting, but the Clan
Act of 1717 put an end to these, and provided for their being converted into annual payments. Feu-
holding was introduced to encourage cultivation of the soil, and, in this respect, it is a development of
soccage, which it superseded.
Blench-Holding.
1501. Under this, the vassal holds his lands for an elusory yearly duty, sometimes, and almost
always in modem times, a penny Scots. In earlier examples the yearly duty was often the dehvery of an
article such as a rose, a pair of spurs, or a peppercorn. The blench-charter is not abolished, but, in
practice, the holding is now expressed to be feu, even if the yearly payment be nominal in amount.
Burgage.
1502. This is the tenure of property within the hmits of royal burghs. The holding is of the Crown,
and the service, e-xpress or implied, in the charters of royal burghs is watching and warding — originally,
no doubt, involving mihtary service. There never were any casualties connected with burgage-holding.
Booking.
1503. This kind of holding is known only in the burgh of Paisley, where a special register of property
rights is kept.
1504. Feu- and blench-holdings are now the only proper feudal tenures subsisting. Burgage in
royal burghs and booking in Paisley still remain, but, since the Conveyancing Act of 1874, there is no
longer any distinction between these and feu-holdings, except that separate Registers of Sasines are still
maintained.
1505. There are two other kinds of land rights, which, although not connected with feudal tenure,
naay conveniently be mentioned : —
228 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Allodial Lands.
1506. These are held of no superior. They consist of Crown property, State Church property, udal
property in Orkney and Shetland, where the titles of proprietors have never been feudalised by obtaining
a charter from the Crown, and certain lands acquired for public undertakings under the Lands Clauses
Act, 1845.
Long Leases.
1507. A comparatively small amount of property in Scotland is held on this title. It has never
been much in favour. Originally, a lease did not afford security against singular successors of the granter,
but, by Act of Parliament in 1449, this was put right, and, in 1857, provisions were made by the Regis-
tration of Leases Act for registration in the Register of Sasines with results analogous to the registration
of feu-rights. Still, such titles have the radical defect that they are not permanent, and the property
reverts to the granter or his representatives. No one would willingly accept a leasehold title to land upon
which he intends to build or expend money in permanent improvements. Where a monopoly exists,
there may be no alternative, but it woujd be well to give every leaseholder the right to convert his title
into feu 'on equitable terms.
Modern Titles.
1508. Titles to land in Scotland to-day are, with the small exceptions above referred to, feu-holdings.
Coupled with an efficient system of registration, they afford a degree of security not excelled under any
other system.
1509. The rights of the superior and of the vassal are constituted under a contract or charter, by
which the superior can make such conditions as he chooses with reference to the subject of the grant.
The vassal and his successors are bound by these conditions in all time. Since 1747 the superior has
been unable to prevent alienation by the vassal, and no feu-rights granted since 1874 can prohibit sub-
infeudation. But the main rights of superior and vassal, at the present day, centre round building
charters, mainly for trade and housing purposes in and around cities and towns. The chief rights of a
superior under such charters are : —
(1) Feu-dnty. — -The feu-duty is a real and preferable burden on the land. The superior has a preference
for payment of it over all bondholders and creditors of the vassal. He has a hypothec on everything
on the land. If the feu-duty is in arrear for two years, he may irritate the feu, i.e. have the vassal's
right cancelled by the Court, and that either under the Statute of 1597 or under a clause of irritancy
in the charter. The right of the superior cannot be divided by the vassal. For instance, suppose a
superior feus an acre of ground to be built on, the feu-duty being £100 and twenty houses to be built,
the vassal may sell the twenty houses separately and allocate or apportion £5 of the feu-duty on each
house. This allocation or apportionment by the vassal is good as against the purchasers, but the superior
is in no way bound by it. He can collect the whole £100 from any one of the purchasers, and leave that
one to recover from the others. This point is also dealt with in Chapter XXL, on Conditions and Restric-
tions in Feu-charters.
(2) Casualties of Superiority.— These are not due under feu-rights granted after 1874. Under feu-
rights granted before 1874, and when the casualties have not been taxed by agreement at a fixed sum,
the heir is liable, on the death of the last vassal who paid a casualty, in payment of a year's feu-duty,
over and above the feu-duty for that year. This is called relief duty. If the proprietor in possession
is a singular successor, i.e. a purchaser from the last vassal who paid a casualty, he is Hable for a year's
nett rent. This is not properly speaking a casualty, but is the fine instituted under the 1469 Act on
creditors claiming an entry. It is termed a composition. These are the two remaining casualties of
any consequence. The only other is the Hferent escheat, which seems still to be in existence, although
unknown in practice. It is the right of the superior to possession of the vassal's feu while the vassal
lives and continues in rebellion. This arises by denunciation of the vassal for a criminal cause unreleased
for a year and day.
The Conveyancing (Scotland) Act, 1874, abolished the right of superiors to the casualties of relief
and composition under all feu-charters granted subsequent to 1874, but, subject to the provisions of the
Feudal Casualties (Scotland) Act, 1914, after mentioned, these casualties are still exigible under feu-charters
granted prior to 1874. As explained, the casualty of composition involves payment of a year's rent of
the composite subjects. If the feu is covered with buildings, the claim for the casualty includes the rent
of the whole buildings and site, subject to certain deductions. There was a provision in the 1874 Act
whereby the vassal had the option to redeem or commute casualties, but that option was not largely
exercised.
(3) Fixed Payments in lieu of Casualties. — In many feu-charters, particularly those of comparatively
recent date, that is, during the last forty years or so, the superior stipulated, in place of the old casualties
of superiority above described, for payment of a fixed sum at certain stated intervals. These were
duplicands, and sometimes triplica,nds, of the f eu-daty, usually every nineteen or twenty-one or twenty-five
years. In some older charters these were sometimes stipulated for on every transmission of the property.
The Conveyancing Act, 1874, however, enacted thitt, after the passing of the Act, any payment stipulated
for, in addition to the annual feu-duty, must be of fixed amount, and payable at a fixed date, so that,
in all charters granted since 1874, a definite period of payment had in all cases to be inserted, and these
are, as already indicated, now simply duplicands or triplicands at intervals from nineteen to twenty-five
years.
Feudal Casualties (Scotland) Act, 1914.
1510. It had long been felt that both sporadic payments like casualties cf superiority and, in a
less degree, duplicands and , triplicands, were burdensome and harassing.j^: In August 1914 this Act was
passed. It gave the right to every vassal to commute orjredeem either casualties, if .these were exigible
under his charter, or duplicands or triplicands of the feu-lluty. The Act provides tables for calculation
REPORT. 229
of either a capital price to be paid in the case of redemption, or an annual sum, to be added to the fen-
duty, in the case of commutation. The superior is also entitled to demand that either redemption or
commutation shall take place within fifteen years from the^date when the Act|came into operation, viz.
1st January 1915. If the vassal does not exercise, and the superior does not enforce, this right within
that period, the superior loses it altogether, because it is enacted that, from and after the expiry of the
period of fifteen years, the right to demand payment of casualties or fixed payments at intervals under
charters granted prior to 1914 shall cease. It may be taken for granted that superiors will certeiinly
enforce their right within the period mentioned. The Act introduced this salutary change, however,
that in all charters granted subsequent to the date the Act came into operation, it shall not be lawful
to stipulate for any payment over and above the annual feu-duty.
Results on Housing Conditions.
1511. The history ^of land tenure shows^that, from the beginning,jjthe^right of control of the superior
has been a hindrance to trade and housing progress. It has, in many cases, hampered the free develop-
ment of land for building purposes, but, on the other hand, when one looks at the results at the present
day, it cannot be denied that the absence of any general law regulating the use of ground for building
purposes has permitted the growth of many of the housing difficulties with which we are now confronted.
The prosperity of a town makes an increase of population and consequent necessity for building. The
land in the neighbourhood thus acquires a buildmg value. What is that building value based upon ? — •
the number and class of buildings that can be erected per acre to give a rental to secure the amount of
feu-duty. Thus, in Edinburgh, ground for large villas or houses with gardens may bring about £40 to
£60 an acre of feu-duty. Tenement property, on the other hand, can be piled up on the ground to give
a much larger land rental or value, reaching, in various districts of the city, to from £200 to £300 per
acre per annum, and, in extreme cases, much higher. The working classes are thus crowded together
in tenement property, and the owners of tenement land are obtaining far higher prices for it by way of
feu-duty than they could possibly obtain from property with gardens and open spaces. The unrestricted
powers of feuing therefore necessarily put the motive of personal gain in choosing the class and number of
buildings against the general welfare of the community.
gj 1512. The Housing and Town Planning Act, 1909, has been passed for the purpose of restricting the
erection of the congested tenement class of buildings, and for encouraging the erection of small houses
with small areas of ground, and, otherwise, making provision for open spaces for the advantage of the
pubhc health of the community. The benefits expected from the operation of this Act have not yet
been reaUsed, and possibly some amendments and improvements may be necessary.
Local Burdens and Feuing Conditions.
1513. When a feu is created the superior ceases to be Uable for all rates. The vassal has to bear
aU these burdens. If the vassal, through time, finds the conditions of feu unreasonable, he cannot free
himself. He cannot redeem the feu-duty and disburden his property. The superior gets an investment,
but, in addition to security, he retains his right of ownership, the controlling right of ownership in the
land. This fact is usually ignored, but it should be kept in view in considering the financial interest of
the superior under the present law in the ownership of land.
Building Restrictions.
1514. The subject of building restrictions is very important. A superior, in feuing off his ground,
usually reserves in his favour certain restrictions in regard to the class of building to be erected, also as
to the value of such buildings, the nature of the fences or boundary walls, and other like conditions. These
restrictions often prove a great hardship to the feuar in the use of his ground. In fact, while the feuar
prima facie has the rights of an owner, these rights are subject to the controlling right of the superior
as to the use to which the ground may be put in all time. We deal with this subject of building restrictions
in the next chapter, XXI.
How Ground may be Acquired.
1515. Ground may be acquired for building purposes in the following ways : — ■
(1) It may be purchased outright, subject to such feu-duty and burdens as exist in the seller's
title.
; " (2) It may be feued expressly for building purposes.
(3) It may be taken on leasehold. r^-i
(4) It may be taken without any proper legal tenure under what has become known, in certain
districts, as tenancy at will, i.e. at will of the landlord.
Purchase and Feu.
1516. If the ground is purchased outright, as is not very frequently the case, the purchaser becomes
the uncontrolled owner of the site in so far as the seller was uncontrolled. If it is feued, the superior
stipulates for an annual feu-duty, and, until the recent Feudal Casualties (Scotland) Act, 1914, almost
invariably for a duplicand, and sometimes a triplicand, of the feu-duty, as above mentioned, at certain
periods. He also imposes, as above explained, certain restrictions on the use of the ground. We deal
with cost of ground and feuing rates in Chapter XXII.
Leasehold Tenure.
1517. If the ground is taken on leasehold tenure, which is not common, although in certain districts
230 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
frequent, the owner grants a lease to the lessee for a period of 15, 21, 31, or 99 years, and occasionally for
even a longer period. The buildings erected by the lessee revert, in that case, to the lessor at the end of
the lease without compensation to the lessee unless otherwise stipulated in the lease. In Chapter XXIII.
we deal with Leasehold Tenure.
Tenancy at Will.
1518. In certain districts in Scotland, particularly in the fishing villages on the north-east coast,
buildings have been erected on ground to which the builder had no legal title. He does so by agree-
ment with, or with the acquiescence of, the owner of the ground, but, in point of law, the buildings are
the property of the owner of the ground, having been erected on his property. As a rule the owners of
the ground have not sought to disturb the tenants, if they may be so called, in possession of their property.
We deal with this subject also in Chapter XXIII.
Right to take Land.
1519. A right, exercisable by some simple method, to acquire land at convenientpl aces and at a
reasonable cost for the primary needs of the people, whether for agriculture, for industry, or for housing,
requires to be established. The great changes that have taken place in land rights have been to the
advantage of landowners, and have neglected to provide equally for the needs of the people. Where, in
the process of these changes, landowners were deprived of rights that they considered of value, they were
compensated. For example, lords of regality, who were persons who had received grants of lands from
the Crown m liberam regalitatem, had equal civil jurisdiction with the sheriffs, and much greater criminal
jurisdiction. Wlien these were abolished (20 Geo. II., c. 43), money compensation was provided by
Parliament. But there has been no such consideration for the rights of the people generally. Landowners
have long since been released from the burden of military and personal services. Other laws and restric-
tions associated with these services, such as the casualties of ward, recognition, and marriage, have been
abrogated. With the release from the obligation to give military service the duty of the superior to pro-
tect his vassals or dependants disappeared, and, while a new non-military and more commercial aspect
of land rights supervened, the mass of the people, coming in place of the vassals— dependants — of eariier
times, have no rights either to housing or protection, or even to possession of any area sufficient to stand
upon. The only important remaining provisions of feudal times to be noticed are :—
(1) The law of primogeniture, which tends |to the concentration of lands in few hands, and the
consequent restriction of commerce in it ; and,
(2) The law of entail, which even to a greater degree has held land out of use for industrial,
commercial, and housing purposes.
1520. We do not propose to make any further observations upon the law of primogeniture, but we
have to refer to some evidence which was tendered to us in regard to the difficulties which are, or may be,
created in the way of housing by the restrictions on an entailed estate. Mr Cobban, architect and sur-
veyor for Haddo House estate, Aberdeenshire, stated that : —
There is considerable difficulty in obtaining land for building of any kind, especially on entailed
estates. The process is too elaborate and expensive. Before the proprietor of an entailed estate
can feu his land he must prepare elaborate plans of ground proposed to be feued, along with all
ground in that particular part which may be already feued, and showing ground-plan of building
existing thereon. . . . This means endless expense, and can only then be carried out with the
sanction of the heir of entail. This application has to be repeated every ten years. Why should
this be ? Surely the landowner should have the power to feu any piece of land whatsoever without
having to pay a penny other than some kind of registration fee. (29,088 (22).)
1521. Mr Cobban's evidence was given in the early part of 1914, and therefore before the passing
of the Act to amend the law of entail in Scotland (4 and 5 Geo. V., c. 43, 10th August 1914). By this
Act, section 4, power is conferred upon an heir of entail to grant feus, provided that.
It shall not be lawful for such heir of entail in possession, in virtue of the provisions of this
section—
(a) To grant any feu unless the nearest heir of entail . . . shall consent thereto ... or
unless, in the event of such nearest heir refusing or withholding such consent, . . .
the sherifE of the county within which the entailed estate, or the part thereof proposed to
be feued, is situated, upon the application of such heir of entail in possession duly
intimated to such nearest heir (who shall be entitled to appear and object), shall have
found that the granting of such feu is in accordance with the provisions of this section,
and that the feu-duty is, in all the circumstances, fair and reasonable ; or,
(6) To feu more than ten acres of land to or for behoof of the same person , or,
(c) To take any grassum or valuable consideration other than the feu-duty for granting any
such feu.
1522. This statutory provision goes some way to meet the criticism of Mr Cobban above referred to.
It does not, however, in our view, go far enough to meet the probable activities of Local Authorities in
regard to housing in the near future. Local Authorities, for instance, may wish to purchase or feu land
of more than ten acres in extent, and there should not be the difficulty of having to obtain the next heir
of entail's consent, or failing that consent, having to go to the Court. We recommend that the law should
be amended to provide that an heir of entail in possession may sell or feu to pubHc authorities land required
by such authorities for purposes connected with housing without consent of the next heir, and without
restrictions as to the extent of the ground, and that the heir of entail in possession shall be obliged to
obtain approval of the investment of the price, or the appropriation of the annual feu-duty, for behoof of
himself as heir of entail in possession and for behoof of the succeeding heirs.
REPORT. 231
Summary of Recommendation and Suggestion in Chapter XX.
That the law should be amended to provide that an heir of entail in possession may, or if required by
public authorities shall, sell or feu to such public authorities, at a price to be fixed by an arbiter, land
required by them for purposes connected with housing without the consent of the next heir, and
also without restriction as to the extent of ground to be acquired ; but that it shall be provided that
the heir of entail in possession shall invest the price of the land, as provided by law, for behoof of
himself and succeeding heirs of entail, or he shall secure for his own behoof and of succeeding heirs
any annual feu-duty for land given off on feu. (Paragraph 1522.)
CHAPTER XXI.
BUILDING CONDITIONS AND RESTRICTIONS IN FEU-CHARTERS.
1523. We have not a great deal of evidence in regard to building conditions and restrictions, but
what there is points to a dissatisfaction with the exercise by the superior of his right to stipulate for
these restrictions. Mr J. F. Roxburgh, the Secretary of the Edinburgh Garden City and Town Planning
Association, stated that he wished to refer us to three conditions that are often stipulated, viz. : —
(1) That the houses must be built of stone and slated, with often the added condition that
the fronts are to be of polished ashlar. {Cf. Thomson, 16,783 (13), 16,799 ; Thorn, 16,995 ; Ruther-
ford., 16,998, etc.)
(2) That the feu must be enclosed within stone walls. (Cf. P. C. Smith, 34,800 (16).)
(3) That the houses must be of specific value, of a value far beyond anything that could be
thought of in a village of workmen's cottages. (19,451a (25).)
He stated that the matter of conditions in feu-charters affects the cost of housing. (Ibid.) And later
in discussing the Housing and Town Planning, etc.. Act, 1909, he indicates that the Act. should be applied
not only to land in course of development, but to land already built on.
1524. In elaborating his contention he pointed, by way of illustration, to cases in the Grange
district — and recently in Strathearn Road — in Edinburgh, where a builder acquired one or two villas,
succeeded in getting the restrictions abrogated, and put up blocks of tenements. It had been understood
at one time, Mr Roxburgh explained, that superior and vassal had a mutuality of rights and interests
in the feuiag restrictions, but the law courts had held that the vassal could not — in the absence of a clause
in the charter in definite terms to that efEect — insist on the superior maintaining the restrictions. (9483.)
He also instanced the weU-known case of the alteration in the feumg restrictions in George Street, and
we refer to his evidence on the subject. (19,490.) The same witness stated that it was pathetic to
find amenity being destroyed in return for a sum of money — sometimes very small. He mentioned
one case of £150 paid to the superior for cancelling a restriction so as to enable a builder to put up a
big block of tenements. (19,485.)
1525. Mr Roxburgh contended strongly that it was of the utmost importance, from every point
of view, that the uncontrolled modification and cancellation of restrictions should be disallowed, and
he suggested that all feuing restrictions should be prestable at the sight of a pubhc authority, and that
the Local Authority should — subject to appeal to the Local Government Board — have the right to say
if and when feuing restrictions should be relaxed or cancelled. (9483.) Mr Roxburgh went on to
develop this view, and stated that in the public interest he would make the public authority, subject
to the Central Authority, absolute master of the possible restrictions on building in feu-charters, and
would do so by making the Local Authority the town-planning authority for the whole city, regardless
of questions of development or not. (19,484.)
1526. As Mr Roxburgh also pointed out, the amenity of the town has been preserved, so far as it
has been preserved, by the restrictions put in feu-charters by superiors. He instanced a case of a
residential square in Edinburgh where amenity had been preserved by an msistence upon a feuing re-
striction. (19,490.) He contended that town-planning schemes will come in place of a great number
of the restrictions that go into feu-charters, e.g. requirements as to the height and style and disposition
of buildings and the number of houses per acre. (19,487.)
1527. The condition as to building a stone wall round a feu was one objected to by more than one
witness, but we need cite only Mr Roxburgh. He says that this is a condition that he objects to, be-
cause the expense is very great, especially if it is a small house. He had, he said, a case in point where
the proprietor, after first agreeing that the ground was to be fenced, insisted on the condition in his charter
to build a stone wall. There were six cottages, and the cost of the boundary wall was £68, 7s. 6d., while
the cost of a fence would only have been £10. The result was that the expense of the boundary wall
added £58 to the expense of the cottages, equivalent to an addition of 9s. 8d. per annum to the rent
of each cottage. (19,526.) Mr Stuart, a member of the Town Coxmcil of Edinburgh, generally corro-
borated Mr Roxburgh's evidence.
1528. Mr Hall Nicol, contractor in Hamilton and Motherwell, gave as one of the trade troubles
affecting housing ridiculous feuing conditions (27,713 (2)), and in reply to a question as to whether,
apart from price — about which he had complained — feuing restrictions affected him, he said, " Yes
' we are restricted all the way through." (27,721.)
1529. We do not think that this subject requires further elaboration from the evidence, especially
as we now propose to give the actual (and typical) clauses embodying conditions and restrictions affect-
ing land which will be foimd in typical feu-charters of sites for dwelling-houses in an urban community
Such feu-charters contain the following conditions and restrictions, most of which seem to us arbitrary : —
(1) The feuar is prohibited from quarrying stone or taking sand from the feu, except so far as
necessary for excavating the foundations of the buildings to be erected.
232 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(2) The feuar in taken bound, at the call of the superior, to 'fence the feu immediately with a
temporary fence till the permanent fences are erected.
(3) The feuar is taken bound to pay for any damages caused to roads on the superior's property
by carting materials for buildings.
(4) Provision is made for the plans and elevations of the buildings, and the materials to be used
in their construction, being submitted to the superior before work is begun, and the feuar must get the
superior's approval of these as a condition of being allowed to build.
(5) The feuar is taken bound to erect buildings in conformity with plans approved by the superior
within a fixed time — usually one or two years. These buildings must be capable of yielding a rental
equal to at least six (in some cases eight) times the amoimliof feu-duty.
(6) No other buildings, than those specially authorised, may ever be erected on the feu, and no
alteration of any kind may ever be made on the buildings except the consent of the superior is
obtained.
(7) The site for the buildings on the feu being fixed by the superior, no use may ever be made of
the rest of ground except as approved by the superior.
(8) The boimdary walls and fences, as regards height and materials and design, are declared to be
subject to the approval of the superior, and no alteration is permitted at any future time unless the
superior's consent is first obtained.
(9) The feuar is taken bound to maintain and uphold, and renew and rebuild when necessary, the
buildings on the feU always in accordance with the original approved plans.
(10) The feuar is taken boimd to insure the buildings on the feu for a sUm equal to their value, and
exhibit the receipts for the premiums to the superior. In the event of fire, the insurance money is re-
quired to be" used for rebuilding and restoring, and the superior is entitled to see to the application of
the insurance money.
(11) The buildings on the feu — being a dwelling-house — are restricted to the use in all time of a
private family residence.
(12) The superior is declared not to be bound to adhere to the feuing plan of his estate but to be
entitled to change it and use his imfeued groimd for such purposes as he may see fit.
(13) It is provided that contravention of or failure to implement any of the conditions or restric-
tions will be followed by irritancy of the feu and the reversion of the property (including the feuar's
buildings) to the superior, without compensation.
(14) The granting of modifications or concessions to any adjoining feuar of the conditions of his
feu is declared not to imply the granting of similar modifications or concessions to others.-J
(15) These conditions and restrictions are declared to be real burdens affecting the property in all
time, and every deed of transmission must make reference to them under pain of nuUity.
1530. Long clauses of conditions and restrictions are frequently found in feu-charters of ground
feued for business purposes. By way of example, the following is a synopsis of some of the restrictions
created by a public body in Edinburgh in feuing a piece of grotmd, half an acre in extent, in a manu-
facturing district of Edinburgh for the erection of a dairy and bakery : — •
(1) The feuars are prohibited from selling or disposing of the ground or buildings thereon to be
let, occupied, or possessed otherwise than as one individual subject.
(2) The feuars are bound to erect within one year, and maintain in all time, on sites or positions
to be approved in writing by the superiors, and according to plans and elevations to be approved of in
writing by the superiors, buildings of the value of at least £2500.
(3) The materials for the buildings are to be approved of by the superiors. The main front wall
is to be distant six feet from the road.
(4) The feuars are prohibited, without the consent in writing from the superiors, from altering
the external appearance, and from adding to or taking from the height of the buildings, and from erect-
ing any buildings other than those specially sanctioned.
(5) The feuars are prohibited, except with consent of the superiors, from having shops or warehouses
or trade or other premises of any description on the ground other than those sanctioned, and against
the carrying on of any trade or business except that of a dairy or baker.
(6) The feuars are bound to enclose the groimd with walls, particulars of which, as regards height,
thickness, and materials, are set forth.
1531. Such conditions and restrictions thus created continue in all time to affect the proprietors
of the feu, and in the course of time, in many cases, involve the serious depreciation of the value of the
property. Besides loading the original charter, they involve their repetition by reference in every sub-
sequent deed relating to the feu, and an inquiry, at every transmission of the property, for the purpose
of ascertaining that the title has not been invalidated by some act or omission with reference to matters
that should not have any effect as regards title.
1532. In the case of a few feuing estates, the restrictions which relate to matters affecting uniformity
of design and amenity have in the past been expressed in the feu-rights in such a way as to give each
feuar a right to enforce them against the other feuars, but that is comparatively rare. Generally, the
only person entitled to enforce such restrictions is the superior.
1533. There should be a limit to such restrictions. Money payments, reservation of minerals where
necessary, and the servitudes known to the law, and necessary to provide for the use of the rights per-
taining to any one property with reference to another, are unobjectionable ; but there is no need for
the restrictions usually associated with the management of a feuing estate being created real burdens
in the feuar's titles, and no fairness in such restrictions being enforceable at the instance of the superior
alone.
1534. Nor is there any justice in allowing superiors to compel feuars to erect buildings to secure
the feu-duty. The superior takes care to get the full market value — whether in price or feu-duty — at
the date of the feu. If he exacts no more than that, his feu-duty is secured by the land itself. Usually
the value of the ground increases with time, but where it does not, the feuar suffers the first loss, and
it is unfair to make him further suffer by protecting the superior by the erection or the renewal of build-
REPORT. 233
iags which he may not wa,nt. The demand that the feuar should provide buildings to secure the feu-
duty six times over is an imposition, only possible as the result of monopoly.
1535. The only justifiable purpose of feuing-estate restrictions is the preservation of amenity. It
is desirable that, when lands in any particular district are to be devoted to feuing, the superiors^but
more especially the feuars — should have some assurance that a uniform scheme will be observed, and
.that houses of one class will not be deteriorated in value by the erection on adjoining feus of houses of
another class. This is the avowed purpose of the restrictions imposed by superiors, but evils arise through
(1) such feuing restrictions being determined by the superiors alone, without any control in the public
or the feuar's interests ; (2) the superiors making themselves exclusively the creditors entitled to enforce
or discharge such restrictions, and subsequently, in some cases, exploiting them for money ; (3) the
superiors' rights being transmitted to purchasers of superiorities who, even if the original superior may
have regarded their rights ^(and many superiors do regard their rights) as a trust for the general welfare
of the feuars and thenaselves, have no such views, and only seek to make money out of concessions ;
(4) there being no right conferred upon the feuars of enforcing the feuing restrictions ; and (5) there being
no public authority "with power to take into account the change of conditions that arise with the growth
of communities, and to modify and adapt the feuing restrictions of a district to such changes.
1536. As the restrictions on any feuing estate must, as it develops, largely affect the community,
it is desirable that there should be control of these on behalf of the community. If all feuing restrictions
were vested in some Public Authority, the interests of all would be secured, and modifications would be
possible and uniform, while titles would be free from the long clauses associated with such restrictions,
and purchasers would be relieved from the risk of having their titles declared invalid by reason of some
act or omission of their predecessor.
1537. At present the proprietor of a feuing property in Edinburgh and other like cities is compelled,
before proceeding with feuing, to prepare and lodge with a department of the Town Council a plan of
the roads and drains to be made on the estate, and such roads and drains must comply with regulations
which have been fixed from the point of view of public health and safety. The proprietor has also, at that
stage, to take into accoimt that he is bound to provide a certain amount of open space adjoining the
buildings to be erected, and that another of the city's public departments, the Dean of Guild Court,
has to be satisfied on that point before authority is given to proceed with buildings. It is desirable
that the general feuing conditions and restrictions should also be submitted for approval of a Local
Authority.
1538. It should not be permissible for landowners to make feuing restrictions. It should be the
duty of the Local Authority to settle all restrictions required for the development of the district and
for the protection of the feuars inter se. There are many cases in old residential districts where feus
are unrestricted, and where valuable properties are greatly depreciated in value and whole districts
prejudicially affected by the ruthless enterprise of the speculative builder. He may purchase one out
of many residences, and by using the grounds for tenements or trade premises, destroy the amenity of
the whole neighbourhood. In some cases the threat to do this compels the other feuars to buy him
out, which seems hard on these feuars.
1539. Restrictions being intended for the preservation of amenity and for^^the comfort and pro-
tection of feuars as a whole, as well as for the protection of the superiors themselves in possessing the
remainder of their estates, and not for the purpose of being subsequently exploited for money, no good
objection appears to be stateable against the suggested change. Such a change would only be the
natural development^of what has preceded it in connection with the feuing of estates, at least in urban
districts. Originally the proprietor controlled everything. He settled the width of the streets, the
size and levels of the drains, the air-spaces adjoining buildings, and all such matters; but gradually, in
the interests of pubhc health and safety. Local Authorities have acquired powers which give them control
of these matters, and now, in addition to having the right to determine as to the width of the streets,
the size and levels of drains, and the air-spaces adjoining buildings, they also control the buildings them-
selves as regards heights of ceilings, cubic contents of rooms, drain connections, and all such matters
as relate to health and safety. The Local Authority may also, by means of a town-planning scheme,
prescribe restrictions on the number of buildings which may be erected on each acre, and the height and
character of these buildings. To add the control as regards feuing restrictions is a natural development,
and it carries great advantages, in as much as a Local Authority, such as is suggested, would have the
power to provide and supply the omissions that have been made on the part of superiors in the past, and
to correct and remodel, in accordance with changed conditions, restrictions that have ceased to be
appropriate.
1540. The eUmination of feuing restrictions from titles would shorten and simplify them to a
considerable extent. It would also lessen the responsibihty of the conveyancer for the interpretation
of what are often ill-conceived and badly expressed restrictions, and it would, by giving greater con-
fidence to the public with regard to amenity restrictions, encourage freer commerce in property. It
would also tend to lessen the cost of transfer.
1541. Provision should also be made for compeUing superiors to grant allocations of feu-duty when
called upon by their vassals. At present a proprietor may hold property, part of a large feu. The
proportion of the cumulo feu-duty payable by him may be, say, £2 — while there may be a dozen other
proprietors liable for other sums, the total amounting to, say, £30. Any one of these proprietors may be
called upon by the superior to pay the whole £30, and on failure may suffer irritancy and forfeiture of
his property. The superior has all the remedies pertaining to the relationship of superior and vassal
for recovery against each proprietor, but where one vassal has paid the whole amount he does not at
the same time become entitled to similar remedies for recovering from his co-vassals their proportions.
His right of action against his co-vassals is only personal. Even if the superior should agree to grant
an assignation of his remedies — which he is not bound to do, — it involves expense which is not
recoverable from the co-vassal.
1542. While town-planning schemes tmder the Housing Town Plaiming, etc., Act (1909) will (on
areas to which they are apphed), in respect of oer tain matters, such as the numbers of buildings that
234 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
may be placed on a site and the height and character of such buildings, supersede the powers of superiors
of ground, it is clear that there are many matters in which^the power of superiors will still remain
imcontroUed. In Scotland no town-planning scheme has yet been finally approved, and consequently
we cannot quote any provisions showing how such schemes will afEect the matters dealt with in this
chapter. But, as we have said, the powers of Local Authorities do not seem sufficient to enable them to
deal with all the building restrictions which may be imposed by superiors of ground in town- planned areas,
and the Act, of course, is not applicable to restrictions on areas which do not come under a town-planning
scheme.
1543. In another chapter we make recommendations for an improvement and speeding up of the
procedure prescribed imder the Housing and Town Planning Act, and here it will be sufficient to say
that, in addition to the recommendations referred to, we strongly recommend that the Act should be
amended so as to place under one local body the powers presently exercised by superiors under feu-
charters as regards building and amenity restrictions. Such powers should be exercised under the
supervision of, or with a right of appeal to, the Local Government Board, and with power also to the
Board to review the actions of the Local Authority in the absence of any appeal. Superiors and feuars
should be deprived of all their powers to enforce at their own hands conditions and restrictions reserved
to them in feu-rights. There would thus be centred in one local body the whole control of building
and amenity restrictions, and superiors and feuars would, like other members of the commimity, be
entitled to make representations to such a body. The Local Authority would keep a pubhc register
of all building conditions and restrictions applicable to all areas (built and unbuilt on) within their
administrative boimdaries, and also of any relaxations or modifications thereof granted by them from
time to time.
1544. The power of a superior to prohibit sub-feuing lasted till 1874, and all feuars who hold groimd
imder charter granted to them or their predecessors prior to that date, in which there is a clause of pro-
hibition of sub-infeudation, are still \mder disability to sub-feu. As a corollary of our recommendation
that all building restrictions should be in the hands of ^ public authority, we see no reason why such
feuars should not be placed on a parity with all other feuars, and we therefore recommend that clauses
of prohibition in feu-charters granted prior to 1874 should be declared by Act of Parliament to be
null and void.
Summary of Recommendations and Suggestions in Chapter XXI.
(1) That building conditions and restrictions should be eliminated from feu-charters, and that it
should be the duty of the Local Authority to compile a register of such conditions and restrictions as
they may consider appropriate to the different areas, both developed and undeveloped, within their
administrative boimdaries. These conditions and restrictions (subject to appeal to the Local Govern-
ment Board) would be enforceable against all superiors and feuars or owners of ground. The Local
Authority would also have power, from time to time, to modify or relax such restrictions in such manner
and to such effect as they should deem suitable, having regard to the interests of the community, again
subject to appeal to the Local Government Board by any party interested and also to the right of the
Board to review the actions of the Local Authority in the absence of an appeal. (Paragraph 1543.)
(2) That clauses of prohibition of sub-infeudation in feu-charters or other rights (granted prior to
1874) should be declared by Act of Parliament to be null and void. (Paragraph 1544.)
(3) That all reasonable allocations made on portions of a feu separately held should, at the request
of the vassal, be recognised by the superior, provided that where the superior considered the allocation
unreasonable he should be entitled to refer the question to the Local Authority, who would determine
the matter. (Paragraph 1541.)
CHAPTER XXII.
THE COST OF LAND AND FEUING RATES.
1545. The cost of land, whether sold outright or given off under feu-charter at an annual feu-duty,
is one of the most important questions in connection with the housing requirements of the working-class
community. The value of the land must inevitably enter into the rental paid for the house by the occupier.
It is only too true that, even when the site costs practically nothing, the problem of building houses at the
later pre-war prices, and complying with the demands of Sanitary Authorities (made properly in the
interest of pubhc health), and of getting a return in the shape of rent which, together with rates, is within
the ability of the average wage-earner to pay, and which, at the same time, is a sufficient return upon the
expenditure, remains all but insoluble. (See evidence of ex-Provost Keith of Hamilton, 1278.) It is none
the less true, as stated by many witnesses, that it is vital that land should be acquired for housing purposes
at a reasonable rate.
1546. It is necessary at the outset to keep in -view a distinction between the original feuing rate,
or the original capital cost of the land, and the present land value. Especially in growing industrial
communities, land for building purposes has, during the last fifty or sixty years, become much more ex-
pensive. The consequence is that a site for which originally a certain feu-duty was exacted may have
risen in value beyond the amount of the feu-duty which is paid for it. This consideration has left open
the door for what is called speculation in land, a very objectionable feature of the modern form of private
enterprise, so far as housing is concerned ; nor does it encourage an owner of land to give his ground
for a reasonable feu-duty, because, by so doing, the benefit, far from reaching the class for whom it is
intended, viz. the working-class occupier, may, and often does, go into the pockets of the land speculator.
This is instanced by a comparatively recent practice of the first feuar or speculator imposing upon the
land taken off by him on feu an additional burden, either in the nature of an additional feu-duty or of
REPORT. 235
what is called a ground annual. This latter is an additional annual ground rent which is imposed upon
the ground, and must enter into the house rental, and therefore must come out of the pockets of the
working-class occupier.
1547. In this connection, and before we go further, it is necessary to explain what exactly a groimd
annual is. Gromid annual is a kind of estate, intermediate between that of the superior and that of the
vassal, of the nature of a perpetual annuity. It originated in the great demand in modem times for build-
ing ground in towns. Those who speculate in building ground, by taking land in feu, with the intention
of again disposing of small portions to builders, stipulate for an annual rent from the builder, rather
than a price payable at once. This is accomplished by the creation of a ground annual. In moSern
practice a contract of ground annual is the ordinary mode of constituting this security. According to
the usual style, the seller, in consideration of the ground annual, which is made a real burden on the lands,
and of the obMgations undertaken by the purchaser, sells and dispones to him the lands. The purchaser,
on the other hand, binds and obliges himself personally for payment of the ground annual, and also sells
and dispones the lands themselves to the seller in security thereof. This contract being recorded, the
seller not only has his real security completed, but he has an active title, by virtue of the personal obli-
gation and security granted by the purchaser. He can not only poind the ground, but can also raise an
action of maills and duties against tenants, and enter into possession, in the same way as the creditor
in an annuity secured by bond of annuity and disposition in security. Even after a subsequent transfer
of the lands, the personal obhgation subsists against the original disponee and his heirs. Subsequent
disponees are not personally liable, but of course the real burden aftects the lands into whatever hands
they may come^.
1548. The main factor, however, to be borne in mind is the question of cost or feuing rate demanded
by the owner or superior of the gromid. It is the case, as will be shown later in this chapter, that,
speaking generally, the highest possible price or feu-duty is exacted. It is often said that the tenement
system causes a rise in the price of land. It is just as true to say that it has been impossible to break
from the tenement system of working-class houses in large towns and cities because of the enormous
price exacted by owners of ground for building sites.
1549. The high feuing rates which have in the past been paid for building land undoubtedly in-
fluence owners of land in the direction of holding up land until they can obtain those high prices — ^and
that without particular regard as to whether or not their land is as ripe for feuing as the land for which
these high prices were paid. The result frequently is that the owner of the ground waits till the re-
quirements of the community become so urgent that he is able to exact his own price for the land. It
is open to question whether or not the owner of the land always acts wisely in his own interest in holding
up land in this way. In many cases a proper accounting would show that it was more in his interest
to feu the land at an earlier stage at a more moderate rate. There can be no doubt, however, that the
general tendency has been to hold on for the highest prices.
1550. The statements in the above paragraph are borne out by an official return of a large Edin-
burgh Corporation. This return is headed " Note of Cases in which the . . . have declined the
* terms offered for Feus of Trust Lands between 1893 and 1900." There are no fewer than 68 cases
of the kind mentioned, and there are a considerable proportion of these cases which refer solely to ground
refused for housing. In some of the cases it is shown that, having refused an offer in one year, the result
desired was attained by a higher price being obtained later. In other cases the price offered originally
was accepted later, but the results were the same, viz. holding up the ground till the top price was paid.
We give one or two excerpts from the return to illustrate our proposition : —
1895, December 9th. — Offer by a builder of 8s. 6d. per foot for 2 lots, Inverleith Row. Declined,
as . . . had fixed upset price at lis. Feued to offerer after re-exposure at 10s. 6d. per foot to
Liverleith Row and 9s. to Bangholm Terrace.
1897, April llth. — Offer by builders of 7s, 6d. per foot for lot at Brunswick Road dechned. In-
creased offer of 8s. per foot accepted.
1898, October 10th.— An offer of 10s. per foot for groimd at M'Donald Road. Resolved to expose
to roup at lis. Feued in 1902 at lis.
1901, July 8th. — ^Offer of £75 per acre for feu at Ferry Road for continuous houses declined, but
ground directed to be exposed to roup at 4s. per foot. 258 feet feued at upset feu-duty.
1903, December lith. — An offer of 8s. per foot for site for tenement at Bellevue Road refused.
Resolved to expose ground to roup. Feued at upset.
1904, June llth. — An offer of 5s. 6d. per foot of frontage for ground on east side of Inverleith
Row for erection of small flatted villas declined, the proposed buildings being regarded as unsuit-
able. Increased offer of 6s. per foot also declined.
Feu-Duties in Towns and Cities.
1551. During the course of our inquiries we sent to the Town Clerks of the 204 burghs in Scotland,
a schedule of inquiries. Amongst other subjects on which we asked information was the subject of
cost of ground and feuing rates. We received repUes on these heads — excluding for the moment the seven
large cities — from 115 Scottish burghs. We propose to deal with these returns under the following
classifications :— -
(1) Returns from sixty-eight burghs with a population under 5000,
(2) „ „ eighteen burghs with populations between 5000 and 10,000.
(3) „ „ twenty burghs with populations between 10,000 and 25,000.
(4) „ „ nine burghs with populations between 25,000 and 50,000.
Sixty-eight Scottish Burghs vnth a Population under 5000.
1552. For the most part these burghs are of the stagnant or backward type, and the population,
since 1891, has been either stationary or on the downgrade. The total population of the sixty-eight
burghs under discussion, according to the last census, is 164,670. It will be gathered, therefore, that,
236 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
speaking generally, there has been very Uttle demand for land for housing ^in these burghs. With
certain exceptions, to be afterwards referred to, we find that the feuing rates range from £5 up to £8
in the burgh of Kintore, which has a population of 816, to £10 up to £20 in the case of Kilrenny, in East
Fifeshire, with a population of 2557, and £20 in the case of Kelso, with a population of 3982. The agri-
cultural rentals for ground in and around these sixty-eight burghs range from 15s. up to £3 per acre, a very
common figure being 25s. or 30s. It will thus be seen that, whenever ground is wanted for housing,: the price
demanded ranges from four to five times up to twelve to fifteen times the agricultural value, and that even
in very small centres of population. It must also not be forgotten that when the laud is drawing an agri-
cultural rental the owner pays, and properly pays, a share of the rates necessitated by the expenditure
of the commujiity on communal services. Immediately, however, the owner is fortunate enough to obtain
a much enhanced price for his ground by feuing it, he, contrary to what would be the natural course of
events, becomes released from paying any share of the rates. The owner and occupier of a house have
to pay rates on a rental which, as already explained, includes the feu-duty, so that another consideration
has emerged, viz. that in so far as the price of ground is in excess of what is fair and reasonable, the
result to the working-class occupier is that his share of the rates is correspondingly unfairly and unreason-
ably increased.
1553. Loclimaben.—Mx HalUday, the Provost of Lochmaben, stated that the rates of feuing in Loch-
maben run from £8 to £12 an acre (1361), that it is really all agricultural land, and that " you must
' either pay the feuing rates or want the land." (1362, 1363.) He further stated that, supposmg build-
ing ground was required, he would favour compulsory powers of acquiring such land at agricultural
value or a little over it. It is interesting to note in this connection that the agricultural rate in Lochmaben
is from £1 to 24s. per acre, so that the feuing rates range from seven to twelve times the agricultural
rate. Lochmaben is a small burgh with 1056 inhabitants.
1554. Exceptions in the List of Sixty-eight small Burghs.- — -The exceptions in the list of the sixty-eight
burghs to which we have referred are as follows, viz. : —
Monifieth (population, 3098).
North Berwick (population, 3246).
Newport, Fife (population, 3643).
Cockenzie (population, 2063)'.
Prestonpans (population, 1923).
Queensferry (population, 3510).
The feuing rates in these towns range as follows ;— ■
(1) In Monifieth, from £20 to £48.
(2) In North Berwick, „ £25 „ £40.
(3) In Newport, Fife, „ £30 „ £40.
(4) In Cockenzie, about £21.
(5) In Prestonpans, from £50 „ £70 (and £18 to £25 outside the burgh,
plus agricultural compensation).
(6) In Queensferry, „ £30 to £40.
Here we desire to enter a word of explanation in regard to these figures. It is impossible to say how
much of the land in the burghs dealt with is let at the lower figure mentioned, how much at intermediate
rates, and how much at the highest. It is therefore quite impossible to take out any average rate. No
true average can be given, and even if an arithmetically true average had been obtainable, it would have
been misleading to give it. The problem does not stand upon an average rate. It stands upon the pre-
vaihng rates, which are often the highest rates, because where, in any district, a high rate has been once
obtained, this tends to create the standard for future feuing. So, as a rule, it may quite well be that the
highest rate is the rate at which most of the ground has been feued durmg recent years.
1555. Monifieth, North Berwick, and Newport are growing residential and hohday resorts. There
are only comparatively small working-class populations, and the demand for land for houses for wealthier
people has no doubt influenced the general feuing rate, and it is questionable if owners oi land would
consider it to be in their interest to encourage the building of working-class houses. Cockenzie, Preston-
pans, and Queensferry are mining or fishing communities. There have been increases in the populations
recently, and there are natural limitations of site.
In this latter group of towns a high rate for land is exacted because of the limited direction in which
the towns can expand, but the excessive feu-duties charged in both these groups of towns are really the
result of land monopoly. It becomes clear that wherever, for one reason or another, the owner of ground
can exact a high feuing rate, he does so.
Eighteen BurgJis between 5000 and 10,000.
1556. Differing from the first class of smaller burghs, these burghs, although of comparatively small
population, are, in some cases at all events, industrially active. The total population in these eighteen
burghs is 120,223. Individually they range in population from 5164 to 9086. The feu-duties range
from about £8 to £10 in Wick, up to from £25 to £40 in the case of Buckhaven. The Carnoustie rate is
£20 to £24 ; Oban, which had an old feuing rate of £6, has feued ground as high as £60 per acre. The
Gourock feuing rate is £20 to £28. The agricultural rentals in or about these burghs range from £1 to
£3, a common figure being 30s. to £2. Here again it will be observed that wherever groimd is required
for housing purposes the price demanded is far in excess of its agricultural value. In places like Buck-
haven, which is an expanding mining district, advantage is taken of the demand for working-class houses
to obtain a very high price or feu-duty Carnoustie and Oban are expanding seaside resorts, to which
the remarks we have made in the case of North Berwick apply. Gourock is a case where there is a strong
demand for industrial housing. It is affected by the demand for houses in the adjacent town of Greenock,
and the limited amount of ground available for housing in Gourock renders it easy to obtain a con-
siderable feu-duty. '
REPORT. 237
Twenty Burghs between 10,000 and 25,000.
1557. In the twenty burghs in this group, the populations range from 10,179 in the case of Irvine,
to 24,319 in the case of Riitherglen. The total population in the twenty burghs is 294,847. The feuing
rates range from £8 to £12 in the case of Irvine, to from £40 to £100 in the case of Port-Glasgow ; the
Grangemouth feuing rate is from £30 to £40 ; Galashiels is about £20 to £25 (formerly, and compara-
tively recently, it was £35 to £40) ; Musselburgh is from £30 up to £80 ; Hawick is from £20 to £40 ;
Dumbarton is from £35 to £65 ; and Rutherglen from £40 to £80.
1558. Port-Glasgow. — Mr John Halliday, the Sanitary Inspector, states that the vacant sites on
which workmen's dwellings can be erected in the burgh are very few, yet that these sites would be occu-
pied if the owners of the groimd were content with a reasonable price. He stated that the price asked
recently by one of the ground landlords for a vacant site was 22s. 9d. per square yard. (33,500 (7).)
This capitalised represents a price of £5505 per ac^e, which, converted at 5 per cent, into a feu-duty,
represents £275 per annum. Thus it will be obser\'ed that even the maximum feuing rate of £100, men-
tioned above, does not represent the problem at its acutest in Port-Glasgow.
1559. Dumbarton. — Mr Lyon, Secretary of the Dumbarton Building Society, stated that he considered
the ground rent asked quite excessive. (33,853.) Also, in reply to a question as to whether there is a
monopoly of land in the burgh, or whether there is more than one owner, he replied : —
There is more than one owner, but they all seem to be in the same way of thinking. They
try to get the highest price obtainable for the land. AVhen we approach the superior for land, he
seems to know what we paid for the last ground we bought. (33,856.)
|PJ* 1560. Galashiels.— Inthe case of Galashiels, Mr William Thomson, the Burgh Surveyor, gave evidence,
and in reply to a question he replied :—
The land itself is practically of no value to the owner. It might be worth anything from £5
to £10 a year. There is some of the land that is feued here that is of no value to anybody, the ground
is so steep, and it is ridiculous to charge £30 an acre for land that is of no use. (16,811.)
He further stated that the very top agricultural value is £2 an acre for grazing close to the town.
(16,812.) And again, in reply to a question as to whether he had any suggestions to make as to some
limit being put on the price, he replied no, but stated that at some of these places it means adding any-
thing from £1 to 10s. to the rent of each tenant. (16,816.)
^^ 1561. Irvine. — -The case of Irvine was mentioned above with a comparatively modest feuing rate of
£8 to £12. A word of explanation would be useful. The Town Council of Irvine, as part of the common
good, has a large quantity of ground suitable for feuing for workmen's houses. The Council has always
been ready to feu the ground for workmen's houses or any other suitable purpose at the rate of £8 per
acre, and indeed, in many cases, especially in past years, feus have been granted at even lower rates.
The result is that there is no need for any congestion through lack of suitable ground at cheap rates.
This information was furnished to us by the Town Clerk, who also said that it is obvious that when ground
can be got from the Town Council, which is quite as suitable as any other ground available, at the rate
of £8 per acre, this practically fixes the rate for all feuing ground for workmen's houses. Tlie lesson to
be drawn is that where the interest to obtain the highest possible price for the use of land for housing
is eliminated, it may be obtained at a comparativelyMow figure.
Nine Burghs between 25,000 and 50,000,
1562. These burghs are
—
Dunfermline, with a
populat
ion of 28,103
Ayr,
32,896
Falkirk,
33,574
Perth,
35.854
Clydebank, „
37,548
Hamilton, „
38,644
Kirkcaldy, „
39,eoi
Motherwell, „
40,380
Coatbridge, „
43,286
Total population . . 329,886
Note. — The burghs between 25,000 and 50,000 which did not send returns were only two in mimbcr,
viz. Kilmarnock (population 34,728) and Wishaw (population 25,263).
Tlie Dunfermline feuing rates are from £8 to £33 ; Ayr from £20 to £24 ; Falkirk from £25 to £30 ;
Perth from £24 to £30 ; Clydebank from £20 to £150 ; Hamilton from £20 to £40 ; Kirkcaldy from
£25 to £35 ; Motherwell from £20 to £24 (and some years ago up to £32) ; Coatbridge from £16 to £30.
1563. Clydebank. — Mr George Ross, the Sanitary Inspector of Clydebank, gave evidence before us.
He stated that —
any difficulties that have arisen in connection with the provision of adequate housing accom-
modation have been caused through the speculation in building sites, and that most of the land
L ^within the burgh is held by six separate owners, and may be purchased at from £400 to £2000 per
acre, representing a feu-duty of from £20 to £150. (33,719 (20), (21).)
But this first price asked for the land does not end the question. Mr Ross stated that after the
land has been acquired the building speculator comes in. He stated that, as a rule, ten tenements of
three or four storeys in height are erected on each acre, each tenement having from nine to twelve separate
houses. When these tenements are finished, a feu-duty or ground rent of £10 to £35 is created on each,
which gives a feu-duty or ground rent ranging from £100 to £350 per acre per annum, representing
238 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
a capital charge for land of from £2000 to £7000 per acre. (33,719 (25).) In reply to a question put to
him, Mr Eo.ss stated that he thought the feu-duties in the burghs, and the practice of constituting ground
annuals or sub-feuduties over and above, are serious drawbacks to building, and that the latter is one of
the worst features in connection with the building trade. (33,765.) Mr Ross put in an appendix (CXXI.)
giving a table showing, in the case of several properties purchased and feued between the years 1888 and
1896, the rentals and the amount thereof , which was composed of the rental of the land, including the
sub-feuduties imposed. These showed the proportion of ground rent to total rental as ranging from
8-51 to as high as 23-15 per cent. In twelve of the twenty properties the ground rent accounted for over
one-sixth of the total rental, while in four it was actually between one-fifth and one-fourth. Clydebank
is a .very busy expanding industrial community and is a clear and possibly extreme case of the power
of land monopoly. In the case of Clydebank, workmen could not wait for houses. Practically whatever
price was sought or whatever land burden was created was paid or met, so that some sort of houses could
be provided for working people and their famihes.
1564. Motherwell. — -Mr Alexander Findlay, ex-Provost and ex-M.P., stated that the progress of the
town and its industries had been greatly hindered by certain unjust conditions — ^he was referring to
conditions in feu-charters cancelling the feuar's right to damages caused to their houses from subsidence
owing to the working of minerals, — and the fact that ground used for agricultural purposes, which was only
let for £1 to £2 per acre, was immediately raised to £24 to £32 per acre per annum, with a duplicand
every nineteen years, when the ground was required for house-building purposes. (32,916 (4).)
The Seven Large Cities.
1565. There remain to deal with the seven large cities, viz. : —
Greenock, population in 1911, 75,146
Leith,
Paisley,
Aberdeen,
Dundee,
Edinburgh,
Glasgow,
77,667
84,477
163.891
165,004
320,315
1,032,228 (extended city.)
Total . . 1,918,728
1566. Greenock (population in 1911, 75,146). — Feu-duties in this town range from £20 to £70.
There are difficulties as to site in Greenock. The land behind the burgh is steep, and not suitable for
housing. The [consequence is that the superiors can demand a high price for the limited amount of
available land.
1567. Mr Henry Campbell stated as evidence of the demand for houses that, in the case of a newly
built tenement in Mearns Street, the inquiries were so numerous that the original rents were raised by £1
before the building was in occupation, and that factors' offices are besieged by applicants for suitable
accommodation for each house that becomes vacant. (33,007 (8).) This may be read along with the
statement of Mr J. Smith, President of the Greenock Housing Council (who appeared along with Mr
Campbell), that land about Greenock is very dear, although there is a sufficient amount of it. (33,048.)
1568. Mr R. Millar, the Burgh Surveyor of Greenock, stated that the feuing rates at different parts
of the burgh vary greatly ; that in the west end the maximum rate is about 8s. 8d. per pole, or about
£70 per acre ; that land has been feued in the south-western district for £20 per acre, where the cost of
building was increased owing to the steep slope of the ground ; that in the Brachelston district, to the south
side of the burgh, feus for cottages and two-storey tenements have been given off at £40 to £44 per acre.
(33,205 (9).)
1569. Mr Robert Lemmon, Secretary of the Associated Horsemen's Union in Greenock, stated that
there would be considerable difficulty in housing the people, because of the difficulty of getting land at a
suitable distance. (33,423.) He also mentioned that a piece of ground which the Corporation had
acquired in Roxburgh Street, extending to 9920 square yards, had cost £4300, and that the annual feu-
duty for it is about £82.
1570. Leith (population in 1911, 77,667). — -The ruling feu-duties were stated by the Town Clerk
to be from £50 to £80, and by Bailie J. A. Lindsay as £90 to £120. The Minority Report suggests that
the available building land is limited by the sea to the north and the adjacent city of Edinburgh. In
point of fact, Edinburgh does not exclude building for housing purposes of working people of, or connected
with, Leith. The feuing rate in or about Leith and immediately over the boundary in Edinburgh is no
doubt high. Down Leith Walk and in streets off it, ground has been feued at very much higher rates than
£120 per acre per annum. In lona Street it has been feued at £339,10s. per acre per annum, in Buchanan
Street at £189 per acre per annum, and the ruling price in that neighbourhood has been well over £200
per acre per annum — and very often over £300 per acre per annum.
1571. Paisley (population in 1911, 84,477). — Mr Kelso, the Sanitary Inspector of Paisley,
states that the old feus in the burgh range from £18 to £40, while the feuing rate on the outskirts is from
£20 to £40. There has been no rapid increase of popitlation in Paisley, and this perhaps accounts for the
fact that the feuing rate is much lower than in Leith and Greenock.
1572. Aberdeen (population in 1911, 163,891). — -Aberdeen has an open and spacious site. The city
has grown freely to the north, west, and south-west. Professor Matthew Hay states that the usual feuing
rate for working-class dwellings on the outskirts of the city has been £35 to £60, and is usually somewhat
higher for sites for working-class tenement property than for sell-contained houses ; and that for working-
class cottages on the outskirts land^might now be obtained at £20 per acre. (41,334 (21, 59, 79 f .).)
1573. Dundee (population in 1911, 165,004). — In Dundee the price of land for working-class
houses is very excessive.^^Mr M'Laren, an architect in Dundee, states that the maximum rate at which
land for tenement houses is feued is £160 per acre. (35,412.) He also pointed out that in a certain street,
REPORT. 239
viz. Watson Street, the ground rents are very excessive, and that they worked out about £400 per acre
per annum. (35,409.) Mr Thomson, City Engineer of Dundee, stated in regard to a feu-duty of £80 per
acre, that it would be necessary to put ten or twelve tenements to an acre. (35,771.) Further, that this
meant about sixty houses with about 300 persons, taking the house on an average to hold five persons.
(35,772.) The Town Clerk, Mr Blyth Martin, gave us (in a letter) a statement of a few instances of
high feu-duties for sites for working-men's houses. The following is an extract from his statement :—
■ A few instances of high feu-duties for sites for working-men's houses show an annual rate per
acre of £160, £108, and £88.
The number of working-men's houses on the acre is in most instances about eighty, i.e. tenements
of four storeys in height, with a street of 50 feet in front, and an open air space in rear of 40 feet in
depth. Such a tenement usually contains four houses of three rooms and four houses of two rooms.
The proportion of feu-duty which would fall on each working-man's house would be, on the basis
of the three rates above mentioned, as follows : — ■
At £160 per acre, 488. a year for each three-room house.
At £160 per acre, 32s. a year for each two-room house.
At £108 per acre, 32s. 3d. a year for each three-room house (approximate).
At £108 per acre, 21s. 6d. a year for each two-room house (approximate).
At £88 per acre, 26s. 3d. a year for each three-room house (approximate).
At £88 per acre, 17s. 6d. a year for each two-room house (approximate).
1574. Edinburgh (population in 1911, 320,315). — The Town Clerk's Department in a return stated
that feus in Edinburgh ranged from £45 to £120 per acre. The £45, it turns out on examination, referred
to a site for double-flatted villas at Craigentinny. This is a very small site, and the houses are not occupied
by working-class tenants at all. In a detailed statement furnished by the City Engineer, there are two
instances of working-class tenements, viz., North Merchiston, with a feu-duty of £150 to £250 per acre
per annum, and in Easter Road, with a feu-duty of £150 to £200 per acre per annum. These may be con-
trasted with certain villa rates given in the statement, viz. £50 per acre per annum for Fettes and Cluny
estates, and £80 per acre per annum for Murrayfield estate. The City Engineer gives an instance of
other tenements, not working class, viz. the "Warrender Park district, where the feuing rate is £106 to
£230 per acre per annum. Mr Roxburgh, a member of the Executive of the Edinburgh Branch of the
Garden Cities and Town Planning Association, stated that the feuing rates for tenements range from £100
to £250 per acre per annum. (19,451a (16).) Mr Roxburgh's view as to what a reasonable rate
(to permit of decent housing) is, is found in his evidence. He says : —
The price of land is a very important thing. There are a number of people who say it is not
important, but I think in Scotland the price of land is the important thing at present. Of course
if you are deahng with land at an annual feu-duty of £5 per annum there is no difficulty, but even the
increase from £5 to £10 makes the difference in a big scheme for housing paying or not paying. When
the extra feu-duty is capitahsed, supposing you are taking 300 acres, it runs up to £30,000 or some-
thing of that sort additional, so that the question of land is really important even at a small feu-
duty if you are dealing with any large scheme. (19,473.)
1575. Mr Roxburgh quoted Mr Vivian of the Co-partnership Tenants, Limited, as stating that he
could not do a scheme on the EngUsh cottage system at a ground rent of £25 a year unless he had a
frontage to a street where he would get very large ground rents for shops. These figures may be con-
trasted with the enormous ground rents actually charged in all our large towns which have been quoted
throughout this chapter.
1576. Other instances of feuing rates in Edinburgh given by Mi Roxburgh are found in Appendix
LX.:—
£ s.
M'Donald Road, 190 10 per acre per annum.
217 16
251 0
London Road, 191 0 „ „
1577. We were furnished with a return made some years ago by a large Corporation in Edinburgh
of the rates of feu-duties at which they had feued land between the years 1850 and 1907. We have made
an analysis of this table, and we find that there are 109 cases of feuing for working-class tenements. These
109 cases are made up as follows : —
Per acre per annum.
£ £
2 cases
between 65 and 100
45 „
101 „ 200
35 „
201 „ 300
20 „
301 „ 400
1 case
401 „ 500
3 cases
501 „ 600
3 „
over 600.
The highest figure was £656 per acre per annum. When it is taken into account that these figures
represent at the lowest (viz. £65) a capital value for land at twenty years' purchase of £1300 per acre,
and the highest (viz. £656) a capital value of £13,120 per acre, it will be seen that the housing of the
working classes in Edinburgh has, so far as the use of land in various districts is concerned, been attended
with great financial difficulty.
1578. Mr Eunson, representing the Edinburgh Trades' Council, giving evidence on this subject,
stated that he had made a synopsis of the return of feus which we have dealt with in the previous para-
240 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
graph, that he found there were something like 110 ranging from £100 to £657 per acre per annum, and
that taking these at twenty-four years' purchase they would run from £2400 up to £15,768 as the price
of the feu. (18,198.) He also quoted a recent case where he had asked a price for 3| acres out in the
Murrayfield direction for working-men's tenements. The reply was that the rate is 5s. per foot of frontage.
(18,204.) The depth required for a full-sized tenement of four storeys is not more than 100 feet — equal
to about 11 square yards per foot of frontage. On this basis a feu-duty of £1 per foot of frontage equals
£440 per acre per annum, 10s. per foot equals £220 per acre per annum, and 5s. per foot equals £110 per
acre per annum.
1579. Another large Trust charges £1 per foot of frontage. It was stated that, according to the will
of the testator, the Trust cannot feu at less than £1 per foot of frontage per annum, and that there is
" a great deal of ground " under these terms. (Cairns, 39,508.)
1580. The same witness, in Appendix CXXXVL, gave particulars in regard to certain tenement
properties of the St Cuthbert's Co-operative Association, Ltd., Edinburgh (above shops), in certain
working-class localities. Amongst the particulars given are the amounts of the feu-duties and the acreage
of land feued. We have made calculations to ascertain what rates per acre these feu-duties work out at,
and we find that one of them (in Dairy Koad) comes to £234 per acre per annum, and two (in Grorgie Road)
work out at £311 and £291 per acre per annum respectively.
1581. Mr Horsburgh Campbell, the City Engineer, in his evidence stated that the effect of the high
feuing rates is that the working man pays an infinitely greater sum for his land on which his house stands
than the man in the well-to-do villa residence (18,774) ; that he has to be content with a less share of
the land compared with a man in the same condition elsewhere, and that this condition of things needs
rectification. (18,776.)
] 582. It is not the case that working-class tenements have been built more largely on central and
expensive sites in Edinburgh than in districts away from the centre. All the cases quoted above are not
near the centre of Edinburgh. There is no, or little, competition between working-class tenements and
shops in the places dealt with. There may be, and no doubt are, small shops mixed up with some of
the tenements, but no evidence was led to indicate that the feuing rate was higher in these cases than in
the cases where there were no shops. These small shops do not, as a rule, bring high rents, and the demand
for them is not great. The feuing rates of the large Corporation referred to deal with many districts
where there is no competition whatever with warehouses, offices, or shops. The instances quoted from
M'Donald Road and the one of £170 per acre per annum in Murrayfield are in the same case. Indeed,
in the last-mentioned case the site is probably a couple of miles from the centre of the town. In point
of fact the feuing rate for factories in Edinburgh is less than the tenement rate.
1583. In Edinburgh, as in some other old royal burghs, a considerable portion of the land is held
on burgage tenure. These lands (since 1874) may now be given off in feu. In point of fact, however,
much of the burgage land in Edinburgh is free of feu-duty, or the feu-duty is merely nominal. This,
however, makes no difference in regard to land value, as this burgage land simply approximates in
value to the ruhng rate of feu-duty for similar ground, and land value so acquired enters into the
composite rental of the house and site.
1584. Glasgow. — The population of Glasgow in 1911 was 784,496fand in the extended city 1,032,228.
In Glasgow the usual practice is to give the capital cost of land per square yard instead of an annual
feu-duty per acre. The Town Clerk stated that the capital cost of building land in Calton district equals
26s. per square yard and in Parkhead 30s. per square yard, which latter capitalised at twenty years'
purchase equals about £363 feu-duty per acre per annum. This may be contrasted with the value of
the agricultural land in the neighbourhood of the City, which, according to the Town Clerk, is valued at
10s. to £2 per acre per annum. The Manager of the City Improvement Department of the Corporation
gave the price of land in Howard Street, Bridgeton, as 8s. 6d. per square yard (Menzies, 20,334 (12), 20,497
f. ; cf. Appendix LXXI. (D., F.)), which is equal to about £2057 per acre, representing at 5 per cent.
a feu-duty of £102, 17s. per acre per annum. Other witnesses stated that Hutcheson's Hospital charged
about 21s. per square yard at Crossbill. This represents a capital value per acre of £5082, and a feu-duty
of £254, 2s. per acre per aimum ; that in Govan Road there had been a reduction in site values in twenty
years from £3 to 30s. per square yard, and in the case of a back site there had been a reduction in fifteen
years from £1 to 10s. per square yard (Mickel, 22,025 ff. ; M'Kellar, 22,719). The latter figure repre-
sents a capital value of £2420 per acre, or an annual feu-duty of £121 per acre. Mr Peter Fyfe, Sanitary
Inspector, Glasgow, stated that 30s. per square yard is not a usual charge for groimd, meaning thereby,
as his further evidence showed, that it was less than is usual. The same witness stated that ground at
Brownfield cost £4, 10s. per yard, which represents a capital value of £21,780 per acre, or an annual
feu-duty of £1089. He also stated that £2, 10s. was quite a common price all round the centre (20,006).
£2, 10s. per square yard represents a capital value of £12,100 per acre or an annual feu-duty of £605.
1585. There were two instances mentioned by witnesses where land was acquired at low rates. Both
cases are special. At Westerton, the Glasgow Garden Suburb had obtained from Sir Archibald Campbell
a considerable area of groimd at the rate of £15 per acre per annum. The site lies outside the City
boimdaries. (Boyd Auld, 39,819 (11).). At Kennyhill, 4696 square yards of building land were used
by the Glasgow Corporation for tenements for the poorest classes. This site was part of a field containing
72,640 square yards which was transferred in 1899 tp the City Improvements Department by the Parks'
Department. This ground was part of a large area' of open ground purchased by the Parks Department
in 1891. The transference took place on the basis of the price in 1891, which for the site (4696 square
yards) referred to works out at £196. (W. C. Menzies, Appendix LXXI.)
1586. On the Pollok estate. Sir John Maxwell has charged for developed land for villas £25 to £35
feu-duty per acre ; for terraced cottages £40 to £45 feu-duty per acre ; for tenements 7s. 6d. to 15s.
capital value per square yard, all these exclusive of streets. (J. Campbell Murray, 23,881 (16 and 18).)
There is here again a striking contrast between what better-to-do people have to pay for housing sites
and what is charged working-class occupiers. 7s. 6d. per square yard equals £1815 capital value per acre,
or an annual feu-duty of £90, 15s. ; 15s. per square yard equals a capital value of £3630 per acre, or an
annual feu-duty of £181, 10s. per acre.
REPORT. 241
Conclusions from the Evidence given in Regard to Price of Land and Feuing Rates.
1587. At the outset it is necessary to keep clearly in view that the great bulk of the industrial popu-
lation is housed in the large cities and the expanding industrial burghs. . In the seven large cities of
Scotland, dealt with above, the population is 1,918,728 ; in the fourteen burghs between 25,000 and 44,000,
dealt with above, the total population is 354,295 ; in the twenty burghs between 10,000 and 25,000,
dealt with above, the population is 294,847 ; in the eighteen burghs between 5000 and 10,000, dealt with
above, the total population is 120,223, and in the sixty-eight burghs under 5000, dealt with above, the
total population is 164,670. It therefore becomes clear that the excessive price of land and feuing rates
in large cities and burghs directly affects the vast proportion of the working classes in Scotland.
Sixty-eight Scottish Burghs with a Population under 5000.
1588. In the sixty-eight burghs with populations below 5000, the feuing rates range from about
four or five times to about thirty to thirty-five times the agricultural value. There are only two cases
which are as low as four or five times the agricultural value. In the larger proportion of these small
burghs, the feuiag rates are from ten to twelve times the agricultural value. In a considerable number
of cases the feuing rates, or some of the feuing rates, are fifteen times the agricultural value. The case
of Monifieth has been mentioned. There the feuing rate is at its highest, about twenty-five times the
agricultural value. There are also the cases of North Berwick and Newport, which, like Monifieth, are
popular seaside resorts, and the cases of Cockenzie, Prestonpans, and Queensferry, which are expanding
mining or fishing communities. These cases perhaps do not represent quite the extreme contrast which
has been given for Monifieth, but do not fall far short of it.
EigMeen Scottish Burghs with Populaiions frmn 5000 to 10,000.
1589. In the case of the eighteen burghs with populations between 5000 and 10,000, the feuing rates
range from about six to niae (in five cases), and from about ten to twenty times (in eleven cases) the agri-
cultural value, with an extreme case (Buckhaven) of some feuing rates which are somewhere between
twenty-five and thirty times the agricultural value.
Twenty Scottish Burghs with Populations between 10,000 and 25,000.
1590. In the case of the twenty burghs between 10,000 and 25,000, dealt with above, the feuing rates
vary between five and six times the agricultural value in the case of Irvine (the comparatively low feuing
rate in which burgh we have explained), up to twenty to forty times the agricultural value in the case of
Rutherglen, and twenty to fifty times the agricultural value in the case of Port-Glasgow.
Nine Scottish Burghs between 25,000 and 50,000.
1591. In the case of nine burghs between 25,000 and 50,000, dealt with above, the feuing rates vary
from about seven to twenty times the agricultural value in the case of Dunfermline, to about twenty to
twenty-five times in the case of Hamilton, and in the extreme case of Clydebank from ten up to about
seventy-five times.
The Seven Large Cities.
1592. Calculations similar to those given for the burghs under 50,000 could be made for each of the
seven large cities where the majority of the working classes reside. It is not, however, proposed to go
fully into these. Obviously where, as in the case of Dimdec, a very usual rate for working-class houses
is £80 to £120, and where it has been as high as £400 per acre per annum, and where, in the case of Glasgow,
the prevailing rates are from £200 to £300 per acre per annum, and sometimes go much higher, and where,
in the case of Edinburgh, the prevailing rates have been £150, £200, to £300, and, in many instances,
much higher — even up to £656 per acre per annum — the agricultural value has been multiplied by hundreds
and the excess over agricultural values represents many thousands per cent. The Minority, in contrast-
ing the feuing rates with agricultural values in the Scottish burghs, including the large cities, dealt with
in the returns and in this chapter, state that in all but two burghs the prevailing feu-duty is more than
three times, and in all but twenty-four it is more than five times the agricultural value of the land, esti-
mating the agricultural value at £2 per acre. We think this is an imder-estimate in regard to the twenty-
seven burghs singled out ; but assuming it is correct, it hardly gives a full picture of the contrasts for 126
burghs, which is the number dealt with by our colleagues. More than three times and more than five
times the agricultural value is scarcely adequate as a summary of the facts in regard to the balance of
99 out of 126 burghs (including the seven large cities) which we have set forth above.
Net Return on Land Feued,
1593. In some cases the feu-duty charged includes the cost of the development of the ground— that
is, providing and making the roads and provision of open spaces. The general rule in Scotland is, how-
ever, that the feuing rate is the rate for imdeveloped land. If the superior develops the groimd by making
roads, etc., the usual practice is that he allocates the cost of development over the various houses, and
recovers that cost from the f euar — who is usually the builder — ^as a separate capital charge over and above
the annual feu-duty. This separate charge is arrived at in various ways. One method is to provide
that an arbiter (usually the superior's architect) shall allocate the actual cost over the different feuars.
Another method is to stipulate in the feu-charter the amount which the feuar shall pay — either a lump
sum or a suni to be calculated on a basis of so much per foot of frontage, or so much per acre of ground
feued. If these latter methods are adopted, there is nothing to prevent a superior from fixing the lump
sum, or the rate per foot of frontage or per acre at an amount which will cover his entire expenditure
on development, including an estimated amoimt for interest, nor indeed from fixing it at an amount
which will yield him a profit. If the builder sells his house, he must add the charge for development to
16
242 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
his price ; and if he lets his house, he munt get, from the rent which he charges, a return for the amount
expended by him in thin way. Whether the cost of development is recovered by the -person who first
expended it in the shape of an annual feu-duty or a capital sum, the source from which it is ultimately
derived is the rent paid for the house.
In large towns the Corporations lay down the main sewers, and the cost of these is distributed over
the ratepayers of the burgh.
It is imix)ssible to give a formula for calculating the proportion which the cost of development bears
to the feu-duty. Obviously that depends on the rate ot the feu-duty, upon the nature of the ground,
and upon the way in which it is developed.
As a rule, the feuar is taken bound to erect the necessary temporary fencing while he is building, and
to put substantial fences or walls round his property ultimately. It is true that the proprietor has
sometimes to pay compensation to agricultural tenants for disturbance, although, as a rule, if the cultiva-
tion of the land has to be stopped, it is possible to get a gi-azmg rent. Where the land is suitable, this
grazmg rent is sometimes in excess of the ordinary agricultural rent. Further, as against the cases
where there is loss in agricultural rent, it has to be kept in view that the proprietor immediately he feus
his groimd escapes paying any rates on the much enhanced return which he receives, whereas, while it
was under cultivation he had to pay a share of the rates.
1594. A very good instance of an estate developed on sensible lines is that of the Pollok estate near
Grlasgow. This has already been mentioned. The feuing rates, as we have already shown, on this estate
varied, accordmg as the sites were for villas, terraced cottages, or tenements. The factor on the Pollok
estate, Mr Campbell Murray, gave very interesting evidence in regard to the development of the estate.
Allowing compoimd interest at 4 per cent, on the outlay not recovered, he stated that this represented
an annual charge of seven-sixteenths, or nearly one-half of the whole feuing rental. He added to this
deduction of 43 per cent. 12 per cent, for area of open spaces and 16 per cent, for area of streets, for which
no feu-duty was charged. This left, he said, as profit 29 per cent, of the gross feu-duties charged. (Camp-
bell Murray, 23,881 (4), (20-22).) We cannot see what is the justification for deducting from the total
return 16 per cent, for the areas of streets. This deduction involves the assumption that the whole agri-
cultural area could be developed as feuir^ ground without giving up the groimd required for streets, and
that the feuing rate could have been got for the gross area without this deduction. In every feuing scheme
the land for streets has to be given off, and the feuing rate charged on the net area feued. A simple
example will illustrate this : — ^With a block of land of 6 acres — on the basis of one-sixth (or 16 per cent.)
for streets, which, we imderstand, is a usual proportion — ^we would get 5 acres of building land. With
a feu-duty of, say, £30 per acre, we would get a return of £150. Mr Campbell Murray would deduct
from this one-sixth, or £25, in order to arrive at his net return. In other ^vords, he would expect to get
£25 for the one acre area of streets. It is true that in comparing what was got from agricultural rent
with what was got from feu-duties we would make the calculation — 6 acres at, say, £2=£12, against
5 acres at £30=£150. It seems to us that it is not reasonable to say that because one-sixth of the area
' had to be given oflE for streets the net return is only £125, in spite of the fact that £150 is actually received.
The rate per acre for developed land is generally vmderstood to be the rate per acre of the land feued,
and any comparison of feuing rates is made on this basis. In cases where the ground is feued to the centre
of the street the rate per acre will be watered down by the inclusion of the half area of the street, and would
require to be added to in order to arrive at a comparison with other rates for net building land. As we are
concerned here with land for working-class houses, we must further point out that the figures given by Mr
Campbell Murray for the Pollok estate include feu-duties for villas at from £25 to £35 per acre, terraced
cottages at from £40 to £45 per acre, and tenements at from 7s. 6d. to 15s. per yard converted into a feu-
duty at 5 per cent, (equal to a feu-duty of from £90, 15s. to £181, 10s. per acre per annum). The cost of
development of the land on which the tenements are built will be less in proportion to the feu-dut)' received
than the cost of development of the land on which the villas and cottages are built. We therefore arrive
at the conclusion that when the deduction from the gross return of 16 per cent, for streets is cancelled,
the net return over all rises from 29 per cent, to 45 per cent, of the whole, and that if the cost of develop-
ment were properly allocated on the tenement land, the return for that land would be further increased.
From the evidence of Mr Campbell Murray, it would appear that in developuig the Pollok estate an
enlightened policy has been pursued, particularly in respect of the avoidance of dense building. It may
also, we think, be said that it was a wise policy in respect that the feuing of so much land for villas and
cottages ensured the taking up of large areas at a much quicker rate than would have been realised if
most of the land had been feued for tenements.
Effect of Cost of Ground upon Occupiers of Working-Class Houses.
1595. On a review of the facts given in this chapter, it cannot be doubted that working-class occupiers
are seriously affected by the high cost of ground for sites. We think this can be made clear by analysis
of evidence led before us. Before doing this, however, we may point out generally that if £250 per
acre per annum is taken as a very common rate in the largest cities, the obvious result on working-class
occupiers is that for their share of the site, and a very small share it is, they have to pay about £2, 10s.
per annum. One result is severe congestion, with all the serious disadvantages and effects upon the
house occupier and his family or dependants. These have been well brought out in previous chapters.
It is not very easy to crowd more than 100 two-room houses on to an acre, and so at £250 an acre our
result of £2, 10s. for each house occupier is arrived at. If more than 100 houses are crowded on to the acre,
then the proportion of ground rent for each house occupier would be a little less. On the other hand,
there are many thousands of working men in our large cities housed on ground which costs much more
than £250 per acre per annum. The annual payment for the site does not end the matter. That annual
payment enters into the house rental, and the occupier has to pay rates on the total house rental. He has
not only to pay occupiers' rates, but the owner, naturally and inevitably, includes his rates in the rental
he charges the occupier. If the owner's rates are 28. a £, he adds, so far as the site value is concerned —
take it at £2, 10s. per aimum — 5s. Then assume that the occupier's rates come to 4s. a £, the occupier
REPORT. 243
has to pay 10s. for his own rates iu respect of site value, it is, of course, cpiite proper that the (jccupier
should pay his share of the expense of the communal services, but, ui so far as that share is inflated by an
excessive ground rent, the conclusion is that the high charges for ground, are not only a direct bm'den on
working-class occupiers but render them liable in other charges in an imfair proportion.
1596. Our colleagues m the Minority quote certain cases to show that the proportion of gi'ouud rent
to total I'ent is relatively small.
1597. The first case is one in Hamilton, where the feuing rate is as a rule £24 to £36, and is in one
part as high as £40. In the case referred to the feu-duty is exceptionally small, viz. £20 (with risk of
subsidence damage), and hardly appropriate to prove a broad proposition which covers the generality
of cases in the large towns and cities. The Hamilton Town Coimcil, mider a housing scheme, built
houses on ground on which the feu-duty is 2s. 6d. per pole, or £20 per acre. The coal under the feu was
reserved to the superior, and no compensation is payable. (Keith, Appendix IV.) Considerable damage
has been done to the buildings. The rents of the houses, which are fixed on a low scale, are £6, 3s. for
single rooms and £8, 16s. for two-room houses, and the total rental is £183, 17s. (Ibid.) It is pointed out
in the Minority Report thatt he ground rent therefore equals less than one-seventh of the gross rental.
We have described this as an exceptionally small feu-duty, meaning thereby not that £20 an acre is not
a large sum but that as a matter of fact there are relatively very few working men's houses in oui' larger
burghs and towns that are built upon sites at anything like a £20 feu-duty. We do not think that even
in this case the working man gets value for his money. It must be remembered that he runs risks of
damage and inconvenience attending subsidence damage to the house, and possibly the necessity of
remaining in occupation of the damaged house because he can get no other.
1598. The next item on this part of the argument of the Minority is the bookkeeping with reference
to the Edinburgh Corporation's houses, mostly on burgage land for which no, or only a comparatively
small, feu-duty is exigible, where it is fomid that the heading " Feu-duty and Incidentals " accounts for
from nil to 4 per cent, of the gross rental of the buildings in the Old Town. The cost of these sites to
the town under their improvement schemes was in no case nil. As wiU be shown in Chapter XXIV.,
the capital sums paid for the sites were enormous. Such schemes could only be undertaken by an
important city like Edinbiu'gh, and in point of fact the cost of the land is not charged against the schemes,
as will be seen from the Corporation accounts in Mr Horsbm-gh Campbell's statement. (41,170 (2).) It
would be impossible to recover such cost from the working-class occupiers, who are of the poorest class.
But it has to be paid all the same — by the ratepayers. In the year 1913-14 a contribution of
£7390, 1 9s. lOd. was made from the burgh assessments to meet the deficit on the capital expenditure
on housing schemes referred to in Mr Horsburgh Campbell's Appendix LVII.
1599. 46 St. James' Road, Glasgow.— In regard to Glasgow, Mr Fyfe, Chief Sanitary Inspector, sub-
mitted certain figures of Corporation schemes. (Fyfe, Appendix LXVII.) The first was one at 45 St
James' Road. This is a case quoted in the Minority Report, Chapter II. The site extends to 1280 square
yards, and the Corporation erected 60 houses — 48 of one apartment and 12 of two apartments — on the
site. This is at the rate of 227 houses per acre. The total cubic contents of the houses is 119,227 cubic
feet, giving an average of 1845 cubic feet for each one-apartment house, and 2566 cubic feet for each two-
apartment house. For the actual site, a sum of £2232 was paid, which works out at approximately 35s.
per square yard. (Menzies, Appendix LXXL). Mr Fyfe, however, assumes a rate of 30s. per square
yard (equal to £7260 per acre), and presumably the excess has been charged against some other account
in the Corporation's books, and will necessarily come on the rates. It should be pointed out that, taking
4 per cent, on the cost of buildings and land, the tables in Appendix LXVII. show an annual deficit which
has to be met out of the rates. Taking the assumed value of 30s. per yard worked out on a 4 per cent,
basis for an annual charge, we find that the occupier of a one-apartment house paysingroimd rent 5-45d.
per week, or 23s. 8d. per annum, and the occupier of a two-apartment house pays 7-73d., or 33s. 7d. per
amium. In our view, sums of 23s. 8d. and 33s. 7d. per annum for use of a site are not negligible figui'es
for the class of occupier of these houses. These sums represent a considerable share of the total incomes
of the occupiers of such houses, and it must be kept in view that their earnings have to be divided very
carefully and spent upon the absolute necessities of life, chiefly food and clothing for themselves and their
wives and families. Any excess price charged them for any purpose cuts into the very small amomit of
money they have for food and clothing, and even reduced to pence per week the cost of the ground site
requires to be carefully scrutinised.
1600. It is necessary to consider what is the value which the occupiers of the site we are dealing with
get for their money. We have given the total cubic contents of the one and two apartments respectively,
Mr Fyfe gives the ground rent per 1000 cubic feet, and to give a proper perspective we have worked it
out, as above mentioned, to the actual payments by the men for their houses. It is useful to carry this
a little further. Assuming ceilings 9 feet high, we calculate from the cubic contents stated in the evidence
that the floor dimensions of the one-room houses are, on the average, equivalent to about 15 feet by
13 feet 6 inches. The actual share of the site (including any open space) for each one-apartment house
is equivalent to 15 feet by 12 feet or somewhat less than the floor area of the one-room house. It is for
this that the occupiers are paying 23s. 8d. per annum, or 5-45d. per week, on the assumed price of 30s. per
square yard for the land. On the same basis the occupiers of the two-apartment houses have a floor space
for their whole house equivalent to 20 feet by 14 feet, and their share of the site (including back-yard), is
equivalent to 17 feet by 15 feet — or considerably less than the floor area of their houses. For this share of
the site they pay 33s. 7d. per annum, or 7'73d. per week. This brings home the point that the cost of
land (assumed in this case at 30s. per square yard) for working-class occupiers is exorbitant. The class of
occupier whom we are discussing cannot afford to pay the sums mentioned, and, moreover, they do not
get value for their money. The price paid and value received cannot be separated. Our conclusions
from this case are that directly the working-class occupier has to pay such prices for the use of a site he
does not get anything like value for his money, and, on the contrary, that the high cost of land has resulted
in him and his family living under congested and unhealthy conditions as to air, space, and light. Nor
do we think that the proportion of ground rent to total rent is relatively small. On the contrary, we think
that it is large.
244
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
160L We may add that on the basis of the assumed price of SOs. per yard the capital cost of the site
for each one-apartment house works out at about £29, 10s., and for each two-apartment house at £4L
At 35s. per yard (the actual cost) the share of the site works out at £34, 10s. for each one-apartment house
and £48 for each two-apartment house.
1602. 130 Saltmarket, Glasgow. — ^Another instance referred to in the Minority Keport (Chapter 11.)
is a case of a site at 130 Saltmarket acquired by the Corporation of Glasgow. This case is dealt with
in Mr Fyfe's Appendix LXVIL, and the portion of it quoted by the Minority Report shows that the
ground rent (per 1000 cubic feet) is 4-887d. per week, as against a total house rent (per 1000 cubic feet)
of 18'14d. per week, or almost one-fourth of the total rent.
1603. Mr Fyfe again assumes the ground value of 30s. per square yard, and to find the annual charge
he takes 4 per cent, on the capital value. No evidence was given of the cost of this site. The area acquir&d
by the Corporation was 1164 square yards. The Corporation built 36 single-apartment houses on
this site with total cubic contents of 65,947 cubic feet, averaging 1832 cubic feet per house. The rent
for land works out at 4-887d. per week for 1000 cubic feet and for the whole house 8*93d. per week, or
388. 8d. per annum. We have made calculations and find that, assuming 9-feet ceilings, the floor area
of the whole single-apartment house is equivalent to 15 feet by 13 feet 6 inches. The occupier of each
single-apartment house has a share of the whole site, including open spaces, equivalent to 20 feet by 15 feet.
For this small share he has to pay the amount already stated, viz.8- 93d. per week, or 38s. 8d. per annum.
1604. At the assumed rate of 30s. per yard the capital cost of the site of each one-apartment house
is £48, 10s.
In this property also the tables show an annual deficit, taking 4 per cent, on cost of land and
buildings.
1605. Four hxmdred cubic feet per person is a space frequently allowed as a minimum — although
that minimum is not always reached. Assuming 9-feet ceilings, the floor area is 44 and 4/9ths square feet,
eqiuvalent to about 7 feet by 6 feet 4 inches. This is the whole housing accommodation per person for
many thousands of working men and women. We cannot see how such a consideration can be left out
of account when we are dealing with the cost of land for houses and the rents paid.
1606. But the rate of 30s. per yard is merely an assumed rate, and is less than the cost of other similar
sites. Some instances were quoted by Mr Fyfe of £2, 4s. 9d. per square yard, £2, 10s. per square yard,
£3 per square yard, and £4, 10s. per square yard. We give in a table below the rates per week and per
annum for ground rent at these pripes, assuming the same intensity of building as in the case of St James'
Road and Saltmarket. The rate of £2, 4s. 9d. per yard was for land only, nothing being paid for the
buildings. (Fyfe, 19,870 (65).) The figures at the rates of £2, 10s. per yard and upwards are given to
show the results where presumably land and buildings have been acquired for sites.
Rents for Land per Week and per Annum at different Costs given — all taken at 4 per cent.
— PAYABLE BY HoUSE OCCUPIERS, ASSUMING THE SAME DENSITY OF BuiLDING AS IN St JaMES'
Road and Saltmarket.
£1, 10s.
£2, 4s. 9d.
£2, 10s.
£3
£4, 10s.
per yard.
per yard.
per yard.
per yard.
per yard.
St. James' Road —
One-apartment houses .
5-45d.
8-22d.
9-lOd.
10-9d.
16-35d.
per week.
23s. 8d.
per week.
35s. 6d.
per week.
39s. 5d.
per week.
47s. 4d.
per week.
71s.
Two-room houses .
per amnmi.
7-73d.
per aimum.
ll-59d.
per armum.
12-91d.
per annum.
15-46d.
per annum.
23-19d.
per week.
33s. 7d.
per week.
50s. 4d.
per week.
56s.
per week.
67s. 2d.
per week.
100s. 9d.
per annimi.
per annum.
per annum.
per annum.
per annum.
Saltmarket—
One-apartment houses .
8-93d.
13-39d.
14-91d.
17-86d.
26-79d.
per week.
38s. 8d.
per week.
58s.
per week.
64s. 5d.
per week.
77s. 4d.
per week.
116s.
per annum.
per annum.
per armum.
per annum.
per annum.
1607. We wiU only deal with one further instance cited in the Minority Report (Chapter II.).
This instance is from the evidence of Mr Mactaggart (22,847 (47-49)). The rent per house here is [given
as £19, 17s. per year (7s. 8d. per week) inclusive of all rates (22,847 (llA)). Mr Mactaggart analyses the
rent in this way, viz. : —
Ground rent — 4 per cent, on the Government valuation ....
Repairs, management, insurance, and empties
Local rates
Balance (fails by lis. 4d. to provide 5 per cent, ou £200, the proportion of the
Government valuation of £1580 as being the building value of the eight
houses)
£
1
3
d.
0
6
5 17 10
9 7
£19 17 0
REPORT. 245
1608. We fiist observe that the cost of land and buildings given here are not actual costs, but are
taken from the Grovernment valuation. It is common knowledge that in many instances the Government
valuation of land was less than the capitahsed value of the feu-duties, resulting in the assessable site
values being fixed as minus quantities. Further, the value attributable to buildings in the Government
valuation is not arrived at by an estimate of the cost of the buildings, but is the difference between the
gross value and the full site value, and is frequently a sum very different from the cost of the buildings.
1609. We next observe that the sum of £5, 17s. lOd. includes tenant's rates, and finally we quote
Mr Mactaggart's evidence, viz. : — ^
Of course, you can see from the class of houses that I have given you that I do not say that they
are to a great extent manual workers who are in my houses ; they are more of the warehouseman
class. I build for what might be called residential districts — Hyndland, Crossbill, and Dennistoim,
more where the Post Office officials, warehousemen, and clerks reside, not so much for working men.
Nobody has been building working-class houses for years. (22,902.)
1610. We are of opinion that it cannot be claimed that this evidence is, or was intended to be,
evidence of actual results of the building of working-class houses, and we think it unwise to select it
from the mass of evidence before us for the purpose of arriving at a conclusion with regard to the ratio
of ground rent to the rent for the composite subject in working-class houses.
1611. Finally, we think the Minority's comparisons of grovmd rent with total rent and of ground rent
with rates and taxes, management expenses, insurance, etc., irrelevant. These items all depend on
different material and financial factors. Whether they, or any of them, can be reduced or removed is
a question of interest and importance. But that in no sense affects the conclusion which we think is
inevitable — ^that the price of groimd for housing purposes is generally much too high.
Building Density and its Effects.
1612. A historical account of tenement-building in Scotland has been given in another chapter.
High tenements were first erected in old Scottish burghs such as Edinburgh so that the population might
be housed within the city walls for protection. When industrial activity became very pronounced in
the middle of last century, towns began to expand rapidly, and it was found by owners of groimd that a
great deal of money could be made and was made by such owners in selling or feuing their groimd for
housing purposes. With the example of housing people in tenements before them, their calculations
were naturally based upon what was the utmost number of people who could be housed on a given area,
so that from the total earnings of the people so housed on that area the largest possible sum could be
extracted as cost of ground in the shape of ground rent. This practice has developed, and it has become
practically universal in large towns to build on this intensive system. This intensive rate of feuing (in
other words, this overcrowding of the land) results in a corresponding excess of feu rates and of revenue
to the owners, created by the tenement system.
1613. In point of fact, as stated by the City Engineer of Edinburgh in a recent communication to
us, the rates for factory area feuing in Edinburgh are, as a general experience, less than the feuing rates
for tenement housing. This statement is corroborated by the official return of the large Corporation
before referred to, where it is seen that cost of ground or feuing rates for industrial undertakings is less,
in some cases much less, than their prevailing rates of feuing for tenements.
1614. We beheve that this excessive building density, brought about as above explained, deprives a
very large proportion of the members of every town community of their proper share of light and air.
Further, it seriously affects the health and efficiency of the community. In impairing the efficiency
of the worker it prejudices industrial production. Notably, also, it affects the health and the rate of
mortality of children, a result prejudicial to the highest State interests.
1615. It is therefore necessary to examine what means should be taken to limit the prices or feuing
rates charged for land. This we do in Chapter XXIV.
CHAPTER XXIII.
LEASEHOLD TENURE, INCLUDING TENANCY AT WILL.
1616. The drawback with regard to the leasehold system is that the tenant is tempted to allow
his property to run down the last years of his lease, since at its termination all buildings, including any
recent improvements, go to the ground landlord. We have not a great deal of evidence on the subject,
but what there is points to a difficulty in the way of effective administration, as all improvements
which the Public Health Authority may require during the last years of a lease would have to be paid
by the lessee, wtile the lessor would at the end of the lease get the benefit of the lessee's expenditure.
It is true that the leasehold system does not prevail largely in Scotland, but there are a few places
where it does obtain.
1617. As we have explained in Chapter XX., such leases may sometimes be for a short period, as
short a period as fifteen, nineteen, and twenty-one years, but they may range up to long leases of ninety-
nine years and over. The shorter lease is usually that obtainedjby mine-owners for building houses for
their workmen. Mr Andrew Mickel, Glasgow (builder), describes the leasehold system as a bad system.
He says that although safeguards for the upkeep of the house may be inserted in the lease, the tendency
for the proprietor, knowing that the property will revert to the superior, is to do the minimum of repairs ;
and, further, that a proprietor holding his ground on lease will not take the same interest in his house, as
it will ultimately pass out of his hands. (21,893 (17).) 'On this subject Mr Skinner, representing
the Fishery Board for Scotland, stated, in regard to Wick, that sites are available but no building is
246 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
done, and that leascH for ninety -nine years are common, after which the ground reverts to the landlord.
He added that there are a number of places on the coast where a ninety -nine years lease exists. (703.)
His opinion was that this discouraged building. He said there was no encouragement for any man to
build with a stipulation of that kind. {Ibid., (704-705).)
1618. We need not go further into the evidence on this subject, because the subject was exhaustively
dealt with in the Report of the Select Committee on Feus and Building Leases (Scotland), published in
1894 (Cd. 238). That Committee unanimously advised that provision should be made by legislation
for the enfranchisement of biiilding leases in Scotland, whether these leases are for a term of years or
upon a tenancy at will,- — meaning thereby that statutory provision should be made for the conversion
of leaseholds acquired for building purposes into permanent rights.
1619. We agree generally with the views of the Select Committee referred to — subject to the proviso
that, as stated in Chapter XXL, we consider that all building restrictions should be under the control of
the Local Authority, and we recommend — as is also unanimously suggested by the Select Committee
— that at the option of the lessee the lessor should be bound to sell to the lessee the lessor's interest, or
the lessee should be entitled to obtain a permanent right of feu of the site. We think a single arbiter
appointed by the Local Government Board should either value the interest of the lessor or, in the
other case, fix a fair feu-duty — that is, if agreement cannot be come to between the lessor and the lessee.
TENAN<?y AT Will.
1620. As will be seen, the Select Committee's recommendation above referred to applied also to
leases that are upon a tenancy at will. A few remarks on this form of tenure will be appropriate here.
There are certain districts in Scotland where houses and other buildings have been erected on sites to
which the building tenants have no proper legal right. This is especially so in fishing villages in the
north-east of Scotland, but it also applies to other parts of Scotland. We propose to give a short resume
of the evidence before us on this subject.
1621. In the fishing villages of Caimbulg and Inverallochy, in Aberdeenshire, only a few of the newer
houses are built on feus ; in most cases from £1 to £2 per annum is paid for the stance without any title.
The estates take no responsibility for the streets, etc.
1622. In Gardenstown (Banffshire), towards the end of the eighteenth centtiry and the beginning
of the nineteenth, a great many feus were given off by the then proprietors, who had no power whatever
under their deeds of entail to feu. Succeeding proprietors have recognised the feuars' rights, however,
and the subjects have been bought and sold freely under them. The feu-duties were, in many cases, small
sums which, at the present day, after the feus had been subdivided, work out at amounts ranging from
11^. to 7d. or 8d.
1623. An agreement, dated 1837, appears to have been made between the householders and the
superior in regard to the tenure of houses in Gardenstown. This agreement appears to have been but
partially implemented, and a new agreement was entered into in 1860. This memorandum of agreement,
of which a copy was put before us, throws light on the tenure of the houses in the two villages of Gardens-
town and Crovie. It is understood that it was not signed by the whole of the fishers, but it has been acted
upon by the proprietor and the majority of the fishers. Most of them signed it in 1861, and additional
signatures were obtained in 1862, 1864, 1865, 1868, and 1870. When fishermen get old and unable to
work and have no sons living with them, they get an exemption from paying rent, and widows also get
exemption if they have no sons able to work for them. The ground rent in nearly every case is £1.
1624. Later, in 1895, when the estate was an entailed one, the then proprietor got authority from
the Court to feu on the following terms :— "For the lots in the principal streets of the village of
' Gardenstown to be feued or leased for shops, dwelling-houses or warehouses at the rate of lOd. per foot
' of frontage to the street, and for fishermen's or other houses in said village at the rate of 6d. per foot
' of frontage to the street." For the higher ground above the village the rates are equivalent to £10
per acre, and above the road leading to the village £12 per acre. The estate is now disentailed, but the
present proprietors, we are informed, would probably adhere to these rates. In villages situated like
Gardenstown and Crovie, a very little more than the area of the site of the house regulates the size of the
feu. There is hardly any level ground to build upon, and not more than a dozen feus in the village have
any garden ground. (Ledingham, Appendix CXC, 33.)
Tenure in Banffshire.
1625. Evidence on the question of fishermen's tenure on the Seafield estates in Banffshire was
also given by Dr James Campbell, formerly Commissioner for the Seafield estates and Convener of the
county. He mentioned that the " expenditure of the Seafield estates on harbours alone amounts to
' over £50,000, in addition to giving in almost every instance the ground for harbours free ; and from
* such expenditure no direct revenue has been derived. Building leases and feu-charters were also
' supplied to fishermen from the CuUen Estate Office without any charge beyond the price of the stamp.
' All these circumstances may account to some extent for the fact that there are a larger number of
' fishermen resident on the Seafield estate than on any other estate in the United Kingdom."
1626. In reply to questions regarding the tenure in these fishing communities, Dr Campbell said : —
They had no titles to the properties. They were simply what you call tenants at will ; they
built their properties without charters or anything of that kind.
Ground rents under the newer feuing system are from £10 to £14 ; under the old system, or lack of
system, just referred to, they varied considerably. There was no special difiiculty in regard to im-
provements by occupying owners on their houses. The same witness also said : —
They were always held to be the owners, althoiigh in law they had no title. In selling any of
these houses, for instance, they simply go to the estate office and they get a receipt, and that is" the
whole title that they give to the purchaser. We enter the name of the purchaser in the estate
REPORT. 247
books. It was a very unsatisfactory condition of things, because in former times there was no legal
authority for putting them even on the Valuation Roll, but an Act was passed under which these
proprietors were entered in the Valuation Roll, and now they are held in a sense owners, and
recognised as owners. (James Campbell, 38,594 (18), 38,649 ff.)
Dr Campbell obviously means " owners " for rating purposes.
Tenure in Ross-shibe.
Avoch and Hilton.
1627. The system of tenure under which these communities have grown up is very similar to that
on which evidence has been quoted from Banffshire and Aberdeenshire, and Dr Campbell's evidence
from Banffshire may be taken as almost applied literally to Avoch in the Black Isle. It was stated
by the factor of the Rosehaugh estate that there was no record of how the houses began to be set up,
and no plan of the village. The fishermen have no title of any description. The witness added : —
If a man wants to sell his house to a neighbour he goes to the estate office and says that he
has sold his house to so-and-so and asks us to put his name in the book, that is all the evidence that
there is, and I write it in red ink. This is done as a long-established custom, but not as a legal right.
As there is no plan of the village, the factor could not state the rate of ground rent per acre, but the ground
rents for the individual houses vary from about 13s. to 20s. In some cases these are many years in
arrears ; the witness gave it as his opinion that people were in reality too poor to improve their houses
out of their own resources. (Macgarva, 15,802-824.)
Tenure in Sutherlandshire— Embo, Golspie, Brora, and Helmsdale.
1628. Fully 75 per cent, of the houses are owned by the fishermen themselves, who pay to the
superior a ground rent (without charter) of anything from 5s. to £1 per annum. Poverty precludes
them from building a new house or even repairing the old one. (Rose, 15,465 (8).)
1629. We refer to the Report of the Select Committee of Feus and Building Leases (Scotland), 1894,
already mentioned. Our recommendations above in regard to leasehold tenure are applicable (as were
those of the Select Committee referred to) to the informal tenure above described.
Summary of Recommendation and Sugge.stion in Chapter XXIII.
That statutory provision should be made for the conversion of leaseholds acquired for building
purposes into permanent rights, and accordingly at the option of the lessee the lessor should be bound
to sell to the lessee the lessor's interest, or the lessee should be entitled to obtain a permanent right of feu
of the site ; failing agreement between parties, matter to be referred to an arbiter appointed by
the Local Government Board. (Paragraphs 1619 and 1629.)
CHAPTER XXIV.
ACQUISITION OF LAND.
General Summary of Statutory Provisions in regard to Acquisition of Land
and Arbitration Proceedings.
1630. In Chapter V. we have indicated in general terms the procedure prescribed in the general
statutes for dealing with the acquisition of land, and it is not necessary to repeat the statutory provisions
here in detail. If reference is made to the portion of Chapter V. dealing with this matter, it will be
seen that, in regard to all matters connected with housing, the method in use of determining compensa-
tion in cases of compulsory acquisition of land is that of the single arbiter.
1631. Under the Lands Clauses Acts, when arbitration is resorted to, compensation is determined by
a single arbiter, if the parties can agree mi one, but failing agreement, resort is had to two arbiters and an
oversman. In the general Acts dealing with public health and housing, on the other hand, one arbiter
only is appointed, and, where these Acts do not provide for his appointment in the first instance by the
Local Government Board, they provide that in the event of parties not being able to agree on the appoint-
ment of a single arbiter the appointment shall be made by the Local Government Board. Thus under
the Housing Acts (including the Housing, Town Planning, etc., Act, 1909), the appointment of an arbiter
to determine questions of compensation in connection with improvement schemes, reconstruction
schemes, acquisition of land for housing and town-planning schemes, rests with the Local Government
Board. Under the Pubhc Health and Burgh Police Acts, on the other hand, the parties themselves may
agree on a sole arbiter, but failing agreement the appointment falls to be made by the Local Government
Board in cases under the Pubhc Health Acts and by the Secretary for Scotland in cases under the Burgh
Pohce Acts. The principle of the single arbiter is, therefore, in full operation in the general public health
and housing statutes in regard to all matters connected with pubhc health and housing.
1632. The powers under the Pubhc Health Acts for the compulsory acquisition of land apply, inter
nlia, to land for purposes of water and drainage schemes ; under the Burgh Police Acts, Town Councils
of burghs may acquire land compulsorily for various purposes of the Acts, e.g. water-supply schemes,
refuse depots or destructors, street-improvement schemes, etc. ; under the Housing Acts congested
248 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
areas may be acquired and cleared, and land may be acquired for the erection of houses for the working
classes and in connection with town-planning schemes. Tie objections which are constantly urged against
the appointment of two arbiters and an oversman in terms of the Lands Clauses Acts, are not therefore
applicable in the case of proceedings by Local Authorities for the compulsory acquisition of lands imder
the general public health, burgh police, and housing statutes. Accordingly, so far as the actual machinery
of arbitration is concerned, the general public health and housing law has reduced it to its simplest form,
viz. the single arbiter.
1633. The complaint against the present methods of arbitration is not, however, so much against
the actual machinery of the arbitration as against the excessive sums awarded and the unnecessarily
heavy expenses attendant on the arbitration. When regard is had to the enormous sums awarded in
many cases as compensation, and to the heavy costs of arbitration, it is not .surprising that there is a
general demand on the part of public authorities for the estabhshment of a definite basis on which the
amount of compensation shall be calculated, and for a much simpler method of conducting arbitrations.
Ascertainment of Amount of Compensation.
1634. A perusal of the Acts of Parliament leaves us much impressed with the absence of any clear
guiding principle or even any definite regulative basis for the determination of the amount of compensation.
1635. It is obvious that if the valuer for compensation, whatever be the purpose of the enterprise,
is left without defuiite guidance. Local Authorities and other public bodies may be seriously handicapped
in their efforts to develop common services.
1636. Under the Lands Clauses Acts, the compensation to be determined includes three elements, (a)
the value of the land to be purchased or taken by the promoters, (b) the damage due to severance, (c) any
injurious effects to the remaining lands due to|[the exercise of the powers of the Lands Clauses Act itself
or the Special Act, or any other Act incorporated with the principal Act. The estimation of value is
not quahfied by the purpose for which the land or property is taken.
The criterion for estimating the value to be paid for the land taken by the promoters is the value
of the land to the owner at the date of the notice to treat ; that is, the date of the contract of sale
impUed in the notice, and any alteration made after that date has no effect. This value may be
ascertained either by (1) estimate of what value the land is to the owner, or (2) what it would cost
to reinstate the owner as nearly as possible in similar subjects, and under similar conditions. The
latter principle of valuation appHes particularly where premises are taken, such as churches, schools,
hospitals, and such like special institutions, which are carried on under peculiar conditions.
(Treatise on the Lair of Arbitration, in Scotland., by J. Campbell Irons, p. 278.)
But in some of the special Acts, for example, the Housing Acts, certain general conditions are laid down
for the estimation of value. These conditions are dictated by the nature of the subjects and the purposes
for which they are taken.
1637. Under the first schedule to the Act of 1909 the arbiter is to act on his own knowledge and
experience. As detailed in Chapter V., certain instructions are laid down in the Housing of the Working
Classes Act, 1890, for the guidance of the arbiter in determining the amount of compensation consequent
on improvement and reconstruction schemes, while similar instructions are laid down in the 1909 Act
as regards compensation in connection with town-pMnning schemes ; otherwise the Acts are silent on the
subject, and arbiters are left without any definite guidance from bhe statutes as to how they are to proceed
to determine the compensation.
Betterment.
1638. It will be noted in connection with reconstruction schemes under the Housing of the Working
Classes Act, 1890, that compen.sation must take account of any increase of value created by the demolition
of any buildings in the area. This is the principle of " betterment." (Housing of the Working Classes
Act, 1890, 41 (2) (6).) In the series of Acts connected with housing it appears here for the first time.
It is not provided for imder an improvement scheme, although there may be circumstances where an
improvement scheme does result in increased value of neighbouring property. It is to be noted that
the increase of value referred to mustjbe " increased value . . . given to other dwelling-houses of the
' same owner by the alteration or demolition by the Local Authoritv of any buildings." (Housing of the
Working Classes Act, 1890, 41 (2) (6).) This hmits the operation of the principle ; but, even with this
limitation, the amount of compensation should in the cases coming under the operation of the provision
be reduced. It will also be noted that the principle of " betterment " is found in the compensation •
provisions of the Housing, Town Planning, etc.. Act, 1909. In assessing " betterment " under a town-
planning scheme, however, there is no restriction to property of the same owner, and the proportion of
" betterment " to be taken is specified. How far this principle of " betterment " will operate to diminish
the cost of town-planning schemes, or the acquisition of land by the Local Authoritv under such schemes,
it is, as yet, impossible to say.
Costs of Arbitration.
1639. It is obvious that, as in housing schemes, town-planning schemes, and pubUc-health schemes
the subjects to be investigated are numerous and complicated, the expense of technical evidence under
the existing methods of arbitration may be great. It is customary, to employ on both sides experts in
valuation, in engineering, in architecture, in pubhc health, and in special processes of trade or manu-
facture. The expenses of these various witnesses on both sides are very heavy, as will be seen from the
instances we quote later. In allocating such expenses between the parties to the arbitration, the Public
Health and Housmg Acts, as we have shown in Chapter V., follow the principle of the Lands Clauses
Acts, VIZ. the expenses of the arbitration (other than the fees of the arbiter, which imder statute in all
cases fall on the promoters, i.e. the Local Authority) are borne by the Local Authority, unless the arbiter's
award is the .same as, or less than, the sum offered by the Local Authoritv, in which case each side bears
its own expenses.
REPORT. 249
1640. Endeavour is niade in the first schedule to the Housing, Town Planning, etc.. Act, 1909, to
limit the expense of witnesses in arbitrations. That schedule, however, applies only to the acquisition
of land for the provision of houses for the working classes under Part III. of the 1890 Act, and for town-
planning purposes. The arbiter (who is appointed, as already explained, by the Local Government
Board) is required to act on his own knowledge and experience, and he is required to hear any authorities
or parties authorised to appear and any witnesses they may bring forward, but — and this is the important
new condition — no coimsel or expert witnesses may be heard unless the Local Government Board
otherwise direct. Further, the said schedule empowers the Local Government Board, with the approval
of the Lord Advocate, to make rules fixing a scale of costs for such arbitrations, and an arbiter may
determine the amoimt of costs and may disallow the costs of any witness whom he considers to have been
called unnecessarily, and any other costs which he considers to have been caused or incurred unnecessarily.
But the allocation between the parties of the costs as so allowed still falls to be made in accordance with
the provisions of the Lands Clauses Acts as explained above.
1641. Notwithstanding the statutory provisions as to expenses narrated, the evidence put before
us shows that the claimants for compensation do not as a rule hesitate to make extravagant claims.
The 1909 Act does not provide that, when the claim is obviously excessive, the claimant should be
liable both for his own expenses and the expenses of the promoters. On the contrary, it is assumed
that (siibject as mentioned in the preceding paragraph) there is no Umit to the expense that may
legitimately be incurred by the claimant. On the other hand, the effect of the provision as to expenses
has usually been to induce the promoters of the undertaking to offer a siim higher than market value,
knowing as they do that, if the sum offered is less than the arbiter's award, they may have to pay both
their own expenses and the expenses of the claimant. In general, it may be said that the effect of the
method of placing the expenses has been not to deter the claimant from advancing extravagant claims,
but rather to induce the promoters to make offers above market value in order to avoid the expenses of
arbitration.
1642. From the analysis (Chapter V.) of the long series of Acts from 1845 to 1909, and some of the
main provisions of which have been refeiTed to in this chapter, it appears that the progressive tendency
of the Legislature has crystallised on two main lines of development of the principle and practice of
arbitration.
First. That a single arbiter appointed by a Government Department and remunerated on a scale
fixed by the Department fulfils — so far as the machinery of arbitration is concerned — all equitable
requirements in compensation cases.
Second. That in all varieties of compensation cases ;^ut to arbitration the powers of an arbiter
under the Lands Clauses Acts should be both extended and limited ; extended to enable the arbiter
to deal more freely with the question of costs in the arbitration ; limited (a) by restrictions on the
class and number of witnesses to be heard ; (6) by a scale of costs fixed by a Government Depart-
ment ; (c) by provisions for protecting the Local Authority, as well as the other parties to the
arbitration, both in regard to amount of compensation and costs.
These two propositions are set forth in the second schedule to the Act of 1890, and in the first schedule
to the 1909 Act.
Evidence as to Amount op Compensation and Costs of Arbitration.
1643. To enable us to put clearly and in concrete form the amendments necessary to give effect
to the propositions of extension and limitation in the methods and practice of arbitration, we must now
consider the evidence put before us from Local Authorities and others in regard to (a) amoimt of com-
pensation claims and awards ; (b) costs of arbitration ; (c) difficulties which have arisen in the use of
land required for public purposes.
The evidence falls mainly under the first two subjects, but it will be convenient, looking k) the form
of the evidence, to deal with it in one narrative.
1644. Local Authorities, especially of the cities and larger industrial communities, have, in their
activities, to acquire land for various purposes connected with public health and housing as well as for
other pubUc purposes. These may be divided under three heads : — -
(1) City Improvements.
(2) Improvement and Reconstruction Schemes, which comprehend land and buildings (tlie latter
mostly derelict) acquired for the purposes of slum clearances.
(3) Gasworks, Drainage Schemes, Refuse Destructors, etc., mostly contiguous to the city or town
requiring the use of the land ; and water catchment areas mostly remote from the city or
town acquiring the land for the purpose mentioned.
1645. We propose to deal with the evidence under these three heads, and, later, we shall quote cases
to show that the same excessive claims and heavy costs are incurred in the acquisition of land for other
purposes, such as schools.
(1) City Improvements.
Street Widenings.
. 1646. Sir Thomas Hunter, the Town Clerk of Edinburgh, submitted to us an able and instructive
Memorandum (not reprinted) regarding suggested amendments upon the law regulating the conipulsory
taking of land for public purposes in Scotland. In the course of that Memorandum he stated that
there is a strong feeling on the part of Local Authorities who have had large experience of the work-
ing of the present system of arbitration and compensation that it results in the owner obtaining an
excessive amount as compensation and that the costs which have to be borne by the puchasers are
intolerably and unnecessarily heavy. (Memo., p. 4.) He proceeded to give some illustrations of the
actualjWorking of the system as follows : — •
250 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1647. (a) Case of a Villa Dwelling-house taken for Street Widening (Ibid.)— The Corporation of
Edinburgh, under compulsory powers, took a villa property in connection with a street widening. The
house was an old-fashioned one, with frontage of about 50 feet next the street, and a depth of 26 feet.
The site had no exceptional advantage in position or character, and the house formed one of the ordinary
dwelling-houses in the street. There were restrictions in the titles against building anything else on
the ground. The property was let to a tenant
£ s. d.
at an annual rent of 90 0 0
£ 8. d.
The feu-duty was 16 2 0
The owner's taxes averaged 2s. 4d. per £ . ' 10 10 0
Fire insiirance, say 110
27 13 0
Net revenue . . £62 7 0
This net revenue was subject to deductions for repairs, the risk of loss by non-letting, or by default of
tenant to pay rent. On a basis of twenty-two years' purchase of net rent the house was reasonably
valued at £1400. Further, any valuator in the city would give a valuation of the property after half-
an-hour's inspection of it for a fee of £2, 28. or £3, 3s. (Ibid.)
1648. These details are given to point the contrast with what happened. The Corporation, to
save the expense of arbitration, offered the owner £2000. This was refused. The Corporation, under
a special clause in one of their Acts, dispensed with two arbiters, and a single skilled arbiter was ap-
pointed by the Scottish Office who fixed his fee. This reduced the expense of arbitration to a minimum.
The hearing of witnesses and counsel occupied three days. There were three skilfed witnesses, who
estimated the legitimate compensation at £3850, £3900, and £4036 respectively. The arbiter assessed
the value of the property at £2000 — precisely the sum offered by the Corporation. But he added 10
per cent, for compulsory sale. This made a total sum of £2200, which was £200 above the Corporation's
offer. As a result, the expenses fell on the Corporation : —
£ s. d.
Arbiter's fee 31 10 0
Account of the clerk to the reference as taxed 101 8 5
£132 18 5
Tlie claimant's agents' account as rendered amounted to £500, 19s. lOd., but
as taxed against the Corporation it was 305 7 2
The expenses incurred by the Corporation to their skilled witnesses and
counsel and to the Town Clerk in the arbitration amounted to . . 306 6 10
£744 12 5
1649. The total expenses, therefore, amounted to £744, 12s., 5d. exclusive of the extra-judicial
expenses, amounting to £200, paid by the owner. This is given as a* typical case. Comment is almost
superfluous ; but it may be pointed out (a) that the owner received no more than he was offered by
the Corporation, for the £200 given for compulsory sale were spent in extra-judicial expenses ; (b)
the £2000 offered by the Corporation could, if invested at 3 J per cent., have yielded a return of £70 ;
that is, " more than the net revenue derived from the property " {Ibid., p. 5) ; (c) the Corporation had
to pay £200 beyond the value of the property for " compulsory sale " ; {d) the Corporation, were
penalised in £744, 12s. 5d. of expenses. Sir Thomas Hunter adds :
The whole expense of the arbitration was incurred in an attempt to get from the Corporation
a sum greatly in excess of the loss to which the owner was subjected, or which he could have got in
the open market. This was surely an abuse of equitable provisions of the law for the protection
of the owner. (Ibid., p. 5.)
1650. Further, it will be observed, the Corporation suffered disadvantge from the rule that where
the award exceeds the offer, even by the percentage allowed for compulsory sale, the arbiter must place
the expenses on the Local Authority. The case is important because it shows that, even where a Local
Authority exceeds strict equity in the amount offered, they are still liable to be penahsed.
1651. (6) Cases of Business Premises taken for Street Widening and Improvement. — In one case
where, for a street-widening scheme, the Edinburgh Corporation had to take a property occupied as
business premises, for the purchase and in repair of which the owner had paid sums amounting in all
to £3450 ; the rental in the valuation roll was £200, and on this rental the local rates were paid. At the
arbitration the arljiter, at the request of, and on evidence tendered by, claimant, held that the real
annual value or proper rental was £408, 10s. It was thus shown that landlord and tenant had been
paying rates on less than half the amount of the actual value. {Ibid., p. 6.) The arbiter fixed the
compensation at £7810, 6s. 4d.— considerably more than double the original price — as the compensa-
tion to be paid by the Corporation to the owners. ,The Corporation had also to pay the claimant's taxed
expenses, amounting to £556 10 8
besides the arbiter's and clerk's fees, amounting to . 397 18 10 _
£954 9 6
This sum had to be paid by the Corporation in addition to its own expenses. But this did not exhaust
the case. These expenses referred only to compensation to the owner. But, in this case, the original
owner had been the father, and his trustees had granted a lease of the premises to a son of the deceased
owner. This son now claimed " compensation for business disturbance." The arbiter awarded him
a sum of £6189 for compensation. There were fourteen witnesses examined for the claimant. As a
REPORT. 251
result, the expenses paid by the Corporation (exchisive of their own expenses) in the arbitration amounted
to £1553, 16s. 9d. (Ibid.)
1652. In the arbitration connected with another property, where the owner refeiTcd to in the last
case was both owner and occupier, the rental in the valuation roll was £381 ; the rental claimed at the
arbitration was £506 ; the amount originally paid for the property was £7637. The arbiter allowed
£11,051 for the property and £3400 for trade disturbance. The costs of the arbitration to secure this
result amounted to £2405, 4s. Id. " The point to notice here," says Sir Thomas Hunter, " is that the
' claimant came forward under the Lands Clauses Acts, and claimed credit for a rental and business profits
' much in excess of those he had been year by year giving up in his statutoiy returns upon which he had
' paid taxes and rates. The question arises whether in such a case the retiims should not be held as the
' limit of the basis of such a claim." (Ibid.) This broad point will be dealt with later ; but it is intro-
duced here to indicate that, where official statements of income and profits are set aside, the proof of
claims is necessarily very expensive. Sir Thomas Hunter adds : " In all the cases, the oiitstanding
' fact is the enormous expense of the present method of determining the compensation. The injustice
' of this is verv glaring in small cases where the expenses are out of all proportion to the sum at stake."
(Ibid.)
1653. (c) Case of Front Plots taken from Front Streets for Widening of Tramwatjs. — -Sir Thomas
Hunter quotes another case : —
In a street-widening operation, which was recently carried out by the Corporation under com-
pulsory powers, it was necessary to take a strip off the plots in front of the buildings. Notices
were served upon the various owners, and claims sent in. (Ibid.)
The largest claim was fixed by arbitration at £469. The Corporation had to pay £500 as the expenses
of the arbitration. The other claimants (some sixteen or eighteen), instead of accepting a similar amount,
insisted upon arbitration in each case. The average sum due to each of these owners would be about
£60. Instead of accepting the arbiter's award in the first case as a basis of settlement, some of these
owners demanded sums much in excess of the rate settled by the arbiter, and insisted upon arbitration —
that is, they used the threat of mulcting the Corporation in disproportionately heavy expenses to coerce
them to give an excessive sum as compensation.
1654. This is eminently a case where the skilled arbiter should examine the properties himself and
pronounce his award without hearing witnesses or counsel, or, at least, the purchasers should not be
liable for the expenses of these. Each claimant knows that if he does not get what he demands, the
Corporation will be mulcted in heavy expenses ; and the Corporation know that if they give the price
demanded, they are not merely paying too much in these particular cases, but they are raising the price
against themselves for all future transactions. (Ibid., p. 7.)
Sir Thomas Hunter adds : —
This abuse of the provisions intended for the protection of an owner's just compensation renders
almost impossible numerous widenings and improvements involving small sums of loss ami com-
pensation in all parts of the city, and is thus a great public injury. (Ibid.)
1655. The particular street widenings in these cases were made primarily for the improvement of
traffic lines, but street widening is very frequently a necessary incident of improvement schemes and
reconstruction schemes. Street widening, therefore, has the most direct bearing on housing. If the
sums awarded and the expenses of compulsory acquisition by the Local Authority are to remain so
disproportionate to the original value of the properties, the Local Authority, as Sir Thomas Hunter
indicates, are deterred from undertaking ai^ but absolutely ima voidable improvements.
1656. Sir John Lindsay, the Town Clerk of Glasgow, refeiTed in his evidence to several cases of
street widenings and we proceed to summarise his evidence on the subject.
1657. (d) Cases of Acquisition of Grass Plots in Front of Houses.— Siv John Lindsay states that the
Corporation proposed to take a small strip ofE a front grass plot over three or four sets of houses in the
west end of the city to widen the street, which was highly necessary in the public safety. The pro-
prietors insisted on going to proof, and would take no settlement. The particulars of these cases are
found in Appendix LXI. The total amounts claimed were £4608, the total amounts awarded came to
£1125, 4s., and the total expenses in which the Corporation were mulcted, came to £2990, 13s. 9d., and
this, of course, takes no account of the professional skill and supervision which had to be given by the
Corporation's law agent and other officials. Sir John Lindsay points out that in one of the cases the
amount claimed was £1000, the amount awarded £142, fees to arbiters, etc., £164, 2s. 3d., and besides
that the claimant's expenses in the arbitration had to be paid, amounting to £233, 18s. 2d. The Corpo-
ration further incuri'ed expenses of their own amounting to £102, 4s. 5d. Altogether in resisting this
claim of £1000, in which £142 was awarded, the cost to the Corporation was £500, 4s. lOd. In a second
case the claim was £700, amount awarded £122, and expenses were £1053, 5s. 9d. In the third case
£1000 was claimed, £279 awarded, total expenses £460, 3s. lid. In the fourth case £450 was claimed,
£297, 4s. was awarded, the total expenses to the Corporation were £787, 4s. In the fifth case £598
was claimed, £285 was the sum awarded, and it cost the Corporation £189, 15s. 3d. (23,289.)
1658. le) Miscellaneous Properties acquired for Street Widening. — -In Appendix LXII. Sir John
Lindsay gives particulars of ten properties acquired by the Corporation of Glasgow in 1909. He states
in his evidence that the Corporation were involved in ten arbitrations, that the total amount claimed in
these arbitrations was £56,257, that the amount awarded was £32,000, and that the total expenses to
the Corporation were £7703. The Corporation had thus to spend £7703 to save £24,000 of exorbitant
charge. The percentages of cost to the sums awarded were as follows : — 9-2, 53-08, 54-06, 16-25, 19-95,
27-85, 49-05, 31-46, 68-37, and 4-28. (23,299.)
1659. (/) Public-house Case.— Sit John Lindsay mentioned the case of a public-house which he
stated had been acquired under the City Improvement Act of 1897. £10,000 was claimed, £5500 was
awarded, and the costs came to £1549, or 27-85 per cent, of the amount awarded. (23,303.)
1660. He also pointed out without mentioning the specific case, that the worst case of the kind
he had had to deal with was where £3400 was asked, £2100 was awarded, and the costs came to £1158.
252 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(23,306.) He further stated that all these excessive charges are put on the City Improvement Scheme,
and tliat interest is being paid through the rates to this day.
Sewers.
1661. On the subject of the compensation payable for damage to property caused by works in
connection with the construction of a public sewer, Sir John Lind^y quoted from a letter he had written
in February 1913 to Mr H. E. Crawford, of Bridge Street, Westminster, for the Land Enquiry Com-
mittee. (23,296.) Sir John Lindsay gave the details of one of the cases mentioned in that letter, which
letter he produced to us as follows :
An instance may be given of the abuse resulting from the existing law. The Corporation
advertised for tenders for the construction of a sewer tlirough certain of the main streets in the city.
A certain gentleman wrote the proprietors of property along the route of the sewer telling them of
this, and stating with great exaggeration the possible dangers to their property, and pointing out
the necessity for having the property surveyed before and after the construction of the sewer. A
claim amounting to £330 was afterwards lodged on behalf of the proprietor of one of the properties
on the line of the sewer, based on reports by this gentleman, who was on the look-out for business of
course, and after a very long proof the claimants were awarded a sum of £35. Their expenses, including
witnesses' fees, which had to be paid by the Corporation and their contractors— as a matter of fact we
got relief from the contractor— were £120; the arbiter's fee was £63, the clerk's fee was £47, 5s.,
the contractor's law agent's expenses defending the claim were £80, 6s. 4d., the expenses of open-
ing the road for inspection were £4, 9s. lid., the shorthand writer's account was £23, 12s. 9d.,
and the fees for witnesses for the contractor and the Corporation were £229, 14s., which altogether
makes a total of £603, 8s. on a claim for £330, which the arbiter reduced to £35. Now, in ordinary
course it would have been cheaper to have paid the claim than to have incurred all this expense in
fit^hting it, but the contractor and the Corporation knew that similar extravagant claims would
then be sent in based on the reports of this gentleman. The result of fighting this case was that
only one other claim was brought forward, and it was settled for a small sum. (23,296.)
1662. Sir John Lindsay stated that he had scores of instances of this kind. (23,296.)
1663. In the letter to Mr Crawford, already referred to, other two striking examples are given of
the abuse of the provisions of the Lands Clauses Act ia connection with the construction of a sewer
in the Western District Sewage Works. Section 90 of the Lands Clauses Consohdation (Scotland) Act,
1845, provides that no person shall be required to sell or convey part of a house or building or manu-
factory if such person be willing and able to sell or convey the whole thereof. Sir John Lindsay states
that the sewer referred to passed through a private street in the west end of Clydebank, and a wayleave
for the construction of the sewer through an area extending to fifty-eight square yards was desired from
the proprietor. He intimated, however, that unless the Corporation were prepared to pay him a sum of
£200 for the wayleave he would call upon them to take the whole of his property, and to pay him for
the value of the buildiugs thereon. The claimant put forward the view that the private street was part
of a building, and this view was supported by the decisions of the Court. The claim for £200 was extra-
vagant, particularly in view of the fact that after the construction of the sewer the street would be as
useful to him as ever it had been. Fortunately for the Corporation it was possible to construct the sewer
within the limits of deviation without entering upon this proprietor's portion of the street. He was
therefore informed that unless his claim was reduced the (Jprporation would not construct the sewer
through his gi-ound at all. The result was that the claim was ultimately settled for £15.
1664. A somewhat similar claim, but even more extravagant, was made where a part of the same
sewer passed through a private street in Clydebank in front of a tenement of dwelling-houses. The
same proprietor owned several other tenements fronting another private street which met the first street
at right angles. The title to the whole ground was contained in one conveyance, and the buildings formed
an " L " shaped continuous range of tenements. Here again the street through which the sewer was to
be constructed would be as useful to the proprietor after the construction of the sewer as it was before.
Nevertheless the proprietor called on the Corporation to acquire and pay for not only the tenement facing
the street in which the sewer was to be constructed, but all the other tenements facing the other street,
and he attempted to institute arbitration proceedings for the settlement of the claim. The Corporation
in defence were compelled to raise two successive actions in the Court of Session, and incurred considerable
expense. The first claim amounted to £22,000. The Corporation ultimately paid the claimant £90 for
a wayleave for the sewer and £150 for damage to the property.
1665. Sir John Lindsay states in the letter referred to that it would be of considerable advantage
to corporations and other pubhc authorities if section 90 of the Lands Clatises Consolidation Act, 1845, were
altered so that public authorities should be required to take only portions of buildings where such portions
can be severed from the remainder.^
(2) Improvement and Reconstruction Schemes, Edinburgh.
1666. Mr Horsburgh Campbell, the City Engineer of Edinburgh, in Appendix LVII., gives a table
of sixteen areas with buildings thereon, mostly dereUct, acquired by the Corporation, with cost of acquisi-
tion. The total areas scheduled were 14-306 acres, T;he area dealt with 11-253 acres, and the cost of acquisi-
tion of these sites with the old properties thereon was £139,385, 3s. lOd. These properties were all acquired
between 1893 and 1900. Mr Horsburgh Campbell, in his evidence dealing with these areas, states that
they were scheduled as insanitary, that " only llj acres were acquired," at a cost of approximately
£140,000, or fully £12,000 per acre, for properties most of which were only fit for demolition. (18,745 (85).)
He stated later in his evidence that the cost was very high, " indeed deterring future action on similar
' lines " (18,784), and that it would be unreasonable to ask the State to come in to aid a scheme on that
scale of expensiveness. (18,786.)
1667. Greenock. — In the Second Report of the Royal Commission on the Housing of the Working
Classes (Scotland), 1885, it is stated that the compensation which Greenock had to pay to effect a slum
REPORT. 253
clearance in 1877 " seems to have been excessive, foui-teen to twenty-five years' purchase having been
' given for houses which ought not to have been inhabited at all." (C. 4409, j). 6.) The Town Clerk of
Greenock has supphed us with particulars of this case. The total area purchased by the Corporation
in the improvement scheme was about 3 acres, with buildings thereon. The price paid imder arbitration'
was about £127,000, or £42,333 per acre. The arbitration costs were £1567, Os. 7d. This scheme was
carried out forty years ago. To meet this cost a rate of 4|d. per £, payable one-half by owners and
one-half by occupiers, was levied till 1913-14. Since that date the rate has fliictuated between 4d. and
3|d. per £.
1668. Glasgow. — Mr Peter Fyfe, Sanitary Inspector, Glasgow, gives prices of properties acquired
by the Corporation at £4, 5s. per square yard, but he does not deal specifically with the question of com-
pensation for slum clearances. £4, 5s. per square yard works out at £20,472 per acre. In the Scottish
Land Enquiry Committee Report, at page 464, it is stated : —
The Corporation of Glasgow, for example, under their Improvement Act of 1866, paid prices
var3dng from £4, 10s. to £11, 10s. per square yard for ground and buildings, including compensation
for disturbance — i.e. a price from £21,700 to £55,600 per acre.
Note. — ^We have asked the Town Clerk of Glasgow whether this information is correct, and he
has certified it as correct.
(3) Land acquired for Sites for Gasworks, Drainage Schemes, Refuse Destructors,
Water-catchment Areas, etc.
1669. We have received important evidence imder this head from Mr Whyte, the Clerk of the Middle
Ward District Committee of Lanarkshire.
Dravnage Schemes.
1670. (a) Drainage Works, Uddingston. — In 1899 the Local Authority acquired imder arbitration
12 acres at Uddingston for drainage works. The price fixed was £642, 2s. 6d., or £264 per acre, which
is moderate, with an allowance of £100 in respect of depreciation of surroimding land, but the Local
Authority had to pay arbitration expenses, amounting to £200, 16s. lOd. The whole minerals were
reserved to the superior with power to work them without paying surface damage. There is a special
point in this case, viz. that whereas the land was acquired under the Public Health Act of 1897 for
the purpose of constnicting sewage works, in consequence of an alteration ui the arrangements for dealing
with the sewage from the Uddingston district part of the ground was not utilised. The Local Authority
required a.site for a slaughter-house, but to enable them to put the land not utihsed, as above mentioned,
to the use of a site for a slaughter-house, for which it was suited in every way, they had to pay the owner
a further sum of £100. The owners' point was that as the subjects were required for a specific purpose,
they could not be used for another purpose without the owners' consent. (36,832 (102).)
1671. It is clear that the law should be altered in this respect ; but if om- recommendation in regajcl
to the removal of building restrictions, and the placing of all such restrictions in the hands of a public
authority is given effect to, cases like that at Uddingston will not recur.
1672. Mr Whyte remarks on this Uddingston case : —
The District Committee is essentially a pubhc health authority, and it is not in their interest to
endanger or prejudice the amenity of the land, or to create a nuisance, and yet page upon page of
the conveyances and feu-charters in favour of the Local Authority are taken up with a recital of
all kinds of conditions restrictive as to the use to which the land is to be put. (36,833 (110).)
1673. (6) Newton and Flemington Drainage. — Ground extending to 1 acre, 3 roods, 9 poles, acquired
in 1904 under the powers of the Public Health (Scotland) Act, 1897 — minerals reserved to superiors —
no claim for damage — ^title restricted — ground to be used as site for sewage works only — no buildings
or works of any other kind to be erected without consent of superior — price, £809 (low-lying ground,
could not be used for ordinary building purposes, and in a locahty where feuing was not hkely to develop
for many years). (36,833 (106).)
Water Undertakings.
1674. Mr Whyte gives the following instance of land obtained for a water midertaking.
(36,833 (104)) :—
{a) Shotts Service Reservoir. — Powers were obtained by the District Committee in the Lanarkshire
(Middle Ward District) Water Act of 1902 to form a service reservoir near Shotts to the north of
the Shotts hospital reservoir. The extent of the land acquired for the purpose was 1-980 acres,
and the proprietor, Mr Robert Forrest, made a claim at the rate of 2s. per pole, representing a sum
of about £750. The Local Authority were advised by a competent valuator that the land, which
was moorland, was fully valued at £326. This sum was tendered, but was not accepted, and arbitra-
tion was resorted to. Ultimately the oversman made an award of £465 in full of all claims, the
Local Authority paying all the expenses of the reference. The details of the payments made by the
Local Authority were as foUows : —
£ s. d.
Price . . 465 0 0
Interest at 5 per cent. 28 5 8
Arbitration Expenses, etc.—
Claimant's agent's expenses 77111
Expenses of clerk to the reference 50 13 ?
Agents for the Local Authority 45 7 6
Oversman's and arbiters' expenses 37 16 0
Miscellaneous . . , 880
£712 12 3
254 • ROYAL COMMISSION ON HOUSING IN SCOTLAND.
' 1675. Mr Whyte in liis evidence in regard to the amounts of compensation awarded by arbiters,
stated that there is a certain tradition that the Local Authority ought to pay well, that it is highly desirable
that that tradition should be broken down, and that his Local Authority's experience in the past in con-
nection with compulsory acquisition of land is that it has always involved very heavy payment for the
land. (37,054, 37,055.) In answer to a question as to whether the difficulty would be overcome if
instead of having independent valuers they could have an official valuer, he rephed that he thought it
would be quite fair, that he did not see any reason why any person should complain if the valuer is com-
petent. " We very often," he said, " for the purpose of avoiding arbitration pay an enhanced value
and accept restricted feus, which otherwise we would not take. Our experience of arbitration has been
'very bad." (37,056.)
1676. As this question of the acquisition of land under arbitration — ^for public purposes — is of vital
importance in connection with housing and all the many schemes required in connection with the proper
housing of the people, we have obtained confirmation (and slight corrections) from the Town Clerk of
Glasgow of particulars of a recent case (quoted in the Scottish Land Enquiry Committee's Report, p. 455
et seq.) \^ere the City of Glasgow had to obtain land roimd a remote Highland loch for the purpose of
storing water for the use of the citizens of Glasgow. That case seems to us to illustrate forcibly the
financial difficulties in the way of Pubhc Authorities in carrying out necessary health and improvement
schemes in the interests of the commimity, and we give the following particulars of the case : —
{b) The Loch Arklet Case. — Under the provisions of the First Part of Schedule A. to the Glasgow
Cor]x)ration Waterworks Act, 1885 (48 & 49 Vict. Cap. 36), the Glasgow Corporation paid " the sum
' of three thousand pomids sterling as compensation for the right and privilege of storing water in
' Loch Arklet to a height not exceeding twenty-five feet above the ordinary summer level, and of
' drawing water therefrom for the purposes of the waterworks and for the right of access at all times
' to the said loch.
" Though the Corporation thus purchased the water and the right to raise the level of the loch,
' additional payments were to be made by the Corporation under the provisions of Part Four of
' the Schedule already referred to, namely, ' Compensation for all damage of whatever kind, including
' severance and other damage ' resulting from raising the level of the loch."
Ai'bitration proceedings were accordingly held to assess the amount of this compensation.
The proprietor claimed £26,432, and was awarded £19,115, 4s. 5d., which was paid to him on
yth March 1909.
The area of land affected by the proceedings extended to 38 1| acres, some 17 acres of which
were purchased, and, as regards the remaining 364 acres, the payment made by the Corporation
was in respect of loss and damage through covering the land with water, owing to raising the level
of Loch Arklet in order to mcrease the water-supply of Glasgow. It is important to notice that the
ownership of these 364 acres remains with the proprietor. Much of this 381-^ acres was a swamp.
The mineral rights under it, if any, are his property, the right to shoot and fish and to exercise the
other incidents of ownership remain with him. In addition to this payment, the Corporation were
required to perform various other duties, which will be mentioned below.
Particulars of the Compensation Paid in Resped, of the Land.
£ s. d.
Compensation payable in respect of loss and damage in consequence of raising
the level of the water in Loch Arklet — in respect of land .... 17,112 14 11
Acclimatisation damage 327 10 0
Note. — Acclimatisation value is a value (in excess of ordinary market value) in
respect that a sheep stock become " acclimatised " to the land on which they
are used to graze.
In respect of damage to fishings and shootings 399 19 10
iVote.— The size of the loch was largely increased and the shooting over the area
submerged was stated by the gamekeeper to average annually only some •
twenty snipe and twenty-five duck.
In respect of damage to amenity 799 19 8
Note. — -The point was that it was said to be necessary in order to preserve the
scenery of this " wild Highland glen " (the description of Counsel for the
proprietor), that trees should be planted round the enlarged loch, and this item
(£800) is the estimated cost of the new planting and the necessary fencing to
protect the trees.
In respect of detour of the access road from Corriehichon farm . . . 150 0 0
Note. — The making of a new road to Corriehichon farmhouse was required at
the expense of the Corporation in addition to this payment of £150, which item
represented supposed damage to the capital value of the land in consequence
of altering the road at all.
In respect of compensation in respect of a curring pond 25 0 0 .
In respect of reinstatement (i.e. rebuilding of Lettereight Cottage (a boatman's
cottage used in connection with Inversnaid Hotel) 300 0 0
The total sum awarded is then £19,115 4 5
In addition, the arbiter found the Corporation liable to construct various other works,
including : —
(1) A good and sufficient road between Inversnaid and Stronachlacher wherever the present
existing road is less than 3 feet above the raised level of the loch, the maintenance of drains, etc.
REPORT. 255
(2) A uew occupation road to Corrieliichoii farm. (This is in addition to the £150 already paid
above in respect of the fact that this alteration had to be made at all.)
(3) A path at Coalbarns Bay, with a suitable bridge.
(4) The reinstatement of.the boathouse at Corriearklet, with sufficient causeway and appliances
for launching, and various other duties, including a requirement that all the fences interfered with
or injured were to be restored.
In addition, all the legal costs in connection with the action had to be borne by the Corporation.
The amount of the expenses in connection with the arbitration was £4691.
In addition, the Corporation paid to the same proprietor £1700 as compensation against feuing.
This was part of a sum of £8700 paid as compensation against feuing within the watersheds of Locfi
Arldet and Loch Katrine.
As regards the payment of £19,115 in respect of the 381^ acres, it should be noted that these
381 1- acres formed part of four farms (rough hill-pasture farms), the gross rent of which in 1908-1909
was £700, and the total purchase price of the whole of these four farms, extending to 11,500 acres,
at twenty-five years' purchase of the gross rental would be £700 x 25, or £17,500 — that also included
the vah(e of the buildings on the four farms. (Note. — The Water Treasurer states that the acreage
given for the four farms is taken from Mr J. Campbell Murray's evidence for the proprietor. The
Glasgow officials have no means of checking it : but do not doubt its correctness.)
There was part only of one farm building within the area to be submerged, and a separate payment
of £450 was made in respect of it at an earher date. All the materials, etc., in the building also
remained the property of the proprietor, and no part of this cost is included in the £19,115, which
is an item which does not take account at all of the farm buildings on the four farms. The 381 1
acres is one-thirtieth of the 11,500 acres.
The Corporation are spending £183,000 on works of construction (the dam, etc.) at Loch Arklet,
and as soon as the waterworks are in use rates will have to be paid in respect of this expenditure.
On a 4 per cent, basis a sum of upwards of £7000 will be added to the annual value of the parish
of Buchanan in Stirlingshire, which will result in a large diminution in the rates paid at present by
the proprietor who received the above compensation, and is the largest landowner there.
In addition, the Corporation have to pay for other rights or uses they require in connection
with the land. The following, for example, is an instance : — -The Glasgow C(n-poration erected an
overhead wire rope-way from Loch Lomond to the side of the dam or enjbankment at Loch Arklet,
and a small lan(£ng stage by Loch Lomond in order to transfer material from boats or barges to
the carrieis of the rope-way and so get it carried to the dam at Loch Arklet.
The terms were as follows : —
(1) That the Corporation should pay the proprietor the sum of £1525 in respect of the landing-
stage, rope-way, and the injury to sporting rights.
(2) The sum was payable in three annual instalments of £508, and a similar sum is payable
for each year beyond the original three during which the rope-way is in use.
The agreement was made in 1908, and the annual sum of £508 is still being paid (1914). Among
other conditions of the agreement as to this rope-way are the following : — ■
(1) That the rent of £508 is charged on the understanding that not more than 20,000 tons of
material will be carried by the rope per annum. If the amount carried exceeds this a proportionately
larger charge is to be made. The Corporation paid for this excess in 1912, £59, 16s. 8d. ; in 1913,
£85, 10s. 9d. ; in 1914, £41, 17s. 6d.
(2) The Corporation are required to keep an actual accoxmt of the tonnage conveyed and to
supply it to the proprietor.
(3) The Corporation are also to arrange for a police-constable to be allocated in the district
during the operations. This costs them over £80 per annum.
It is to be recollected that the area traversed is rough heather-covered moorland.
To make a moderate estimate of the cost to the Corporation in connection with Loch Arklet,
the following items would be included :—
(1) The £3000 for the right to store the water.
(2) £19,000 in respect of the land.
(3) £3500 in respect of buildings, roads, bridges, fences, etc.
(4) £1700 in respect of the restriction of feuing rights on the four farms.
(5) £4700 legal expenses of arbitration — £31,900 total.
This includes nothing in respect of the overhead rope-way, etc. But the essential point is that
the total capital value of the whole of the four farms at the existing rental of £700 at twenty-five years'
purchase was only £17,500.
But in respect of their deahngs with a very small portion of this area (one-thirtieth) the Corpora-
tion paid £31,900. And all the land in question is far away in the hills and of low value for pastoral
or other purposes.
Gasworks.
1677. The Clerk of the Edinburgh and District Gas Commission has given us particulars of the cost
of land acquired by them in 1897 as a site for gasworks for the City of Edinburgh. In 1898 the Edin-
burgh and Leith Gas Commissioners paid, for subjects extending for land and foreshore to 110-176 acres
or thereby for gasworks for the City of Edinburgh, £124,000. The purchase included various valuable
railway and other rights. The land was mainly agricultural, and the rent would not probably exceed
£5, IDs. per acre.
Note. — The price paid as above is equal to £1127 per acre, or at 5 per cent, to a feu-duty of £56 per
acre per annum.
1678. The Commissioners endeavoured to obtain other land suitable for their purpose, but they
were unsuccessful. Ground to the south-east of Leith was offered at double the rate agreed to be paid
for the site mentioned above, and that ground was not nearly so valuable to the Commissioners.
256 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Schools.
1679. A further instance showing the experience of another pubUc body may be useful. It is
furnished us by the Edinburgh School Board.
The Edinburgh School Board have paid the following prices for sites for^their schools, including
such buildings as were on the sites and which were demolished after purchase, viz. : —
In 1901. at Comely Bank (for "Flora Stevenson School"), 5500 square yards, feu-duty Id.,
price £4994, lis. lid. Buildings of little value before sale. (19s. lid. per square yard, or £4850
per acre.)
In 1901 , at Parson's Green, 1 acre, feu 5s., price £3144, 15s. lOd. (13s. per square yard.)
In 1903, at Craiglockhart, 6050 square yards, feu-duty Id., price £4467, Ss. 3d., vacant land.
(17s. 7d. per square yard, or £3573 per acre.)
In 1907, at Gilmore Place, 5500 square yards, feu-duty £13, 8s. 6d., price, fixed by arbitration,
£9313, Os. 2d. ; buildings merely builders' sheds and temporary workshops of no great value.
(Equivalent to £8140 per acre ; if including feu-duty, £8410.) iVote.— This is the only site that has
been acquired by arbitration under Lands Clauses Acts. The costs amounted to £2303, Os. 2d.
In 1911, at Tynecastle, 3-717 acres, feu-duty Is., price £7957, 5s. 7d., vacant land. (Equivalent
to £2140, 15s. 7d. per acre.)
In ] 91 2, at Bellevue, 4-73 acres, feu-duty nominal, price £8640, 2s. Od., vacant land. (Equivalent
to £1826, 13s. 2d. per acre.)
Observations amd Suggestions by Witnesses.
1080. Arising out of the compensation cases we have set forth in this chapter, we now give certain
further observations and suggestions which some of the leading witnesses made on the subject of acquisi-
tion of land — compensation and costs.
1681. As the result of the experience in the Middle Ward of Lanark, where many varieties of under-
takings have been carried through, Mr Whyte, the District Clerk, submits the following criticisms and
suggestions :—
First.— That, to reduce the cumbrousness and expense of the methods, of acquiring land for
public purposes, the Local Authorities should not be put under undue restriction as to the use to
which the land is to be put ; IS that, in the great majority of cases, the title is restricted to certain
specific purposes, and accordingly it is impossible for the Local Authority to utihse the ground for
any other public purpose without considerable additional expense and trouble. One of the cases
above mentioned — -the Uddingston slaughter-house — -points to the need for some more ready and
expeditious way of deahng with the acquisition of land for public purposes. If land is purchased
and conveyed for a specific purpose, then there is difi&culty in dealing with it in the future, and
advantage may be taken of the Local Authority's position. (Whyte, 36,834 (110).)
Second.— -As, a safeguard for the proper use of the land the Local Authority might be required
to obtain the sanction of the Local Government Board to the acquisition of the land, so as to ensure
that they were not acquiring land which they had no immediate intention of using. In any case,
if titles restrictive to a specific purpose are to continue, it is suggested that if and when the land
requires to be used for another public purpose any question or dispute thereanent should form a
simple matter of reference to the Local Government Board for determination. (Ibid.)
Third.— At the present time, most of the purchases made by the Local Authority are purchases
by agreement. This is to obviate the expense of taking land compulsorily under the powers of the
Public Health (Scotland) Act, 1897, section 144, with the expenses of arbitration following on the
procedure. Mr Whyte submits " that all this iiiitial procedure should be dispensed with." {Ibid.)
He considers that the provisions for the compulsory acquisition of land by a Local Authority for
the purposes of Part III. of the Housing of the Working Classes Act, 1890, are much simpler and,
at the same time, adequate for the purposes of the Public Health Act.
Fourth. — Usually it is stipulated that the Local Authority pay all the expenses leading up to and
connected with the acquisition of land and the formal conveyance of the ground. In many cases
initial expenses incurred conducting the negotiations are considerable, and when it comes to the
actual conveyancing fees the bill is a serious one, and out of all proportion to the circumstances
and the transaction. (Ibid.)
Fifth. — In many cases the Local Authority pay an enhanced price for land and property
beyond its real market value. An illustration of this will be found in the case of a property at
Larkhall purchased by the Middle Ward District Committee of Lanark for £375, and which was
condemned within three years. If the procedure for compulsory acquisition was considerably
simplified, there would be a chance of the Local Authority being able to acquire property at its fair
market value, and not on the basis of a purely nominal rental. {Ibid., (HI).)
1682. Sir John Lindsay, Town Clerk, Glasgow, in answer to a question as to whether he thought
some ol the criticisms against the operations of the Glasgow Improvement Trust as being extravagant
and reckless really arose from the grossly expensive sums requiring to be paid to private owners, replied :
" There is no doubt about it, because we would pay a considerable sum more than we are advised by
' our own folks to pay to avoid an arbitration." (23,311.) As a cure for this he thought the arbiter
should be allowed a discretion " to determine the question of expenses, and no man who had that risk
' would go with a claim of £10,000 when he knew £1000 or £2000 was sufficient." (23,312.)
1683. A question as to whether Paragraph 9 of the First Schedule to the 1909 Act did not sufficiently
meet the point about expenses was put to Sir John Lindsay. The section referred to allows the
arbiter to " determine the amoimt of costs " and gives him power to disallow as costs in the arbitration
the costs of any witness whom he considers to have been called unnecessarily, and any other costs which
he considers to have been caused or incurred vmnecessarily. Sir John Lindsay stated that that was on
the right lines, but what he mamly objected to on the question is to be foimd in section 41 as amended
REPORT* 257
of the 1890 Act, "which really keeps the danger open on the question of costs." That section, he said,
was really just the Lands Clauses Act of 1845, and is in substance what the ordinary law is and has
been on the question of expenses in arbitration since 1845, viz. that the expenses of the arbitration
(apart from the expenses of the arbiter, which are borne by the Local Authority) have to be borne by
the Local Authority unless the amount of the arbiter's award is the same as, or less than, the sum
offered by the Local Authority. (23,303.) He further stated that in many cases of the recent Glasgow
Acts the Corporation have got ParUament to give them a clause that all questions should be put
before a single arbiter, but that Parliament disallowed a clause that the arbiter should have the power
to say by whom the expenses shall be paid. Sir John said, however : —
We ilre going to keep at it mitil we get it. It is the only way, we think, that will prevent these
ridiculous claims being made and serious expenses incurred. (23,303.)
1684. Sir Thomas Hunter, Town Clerk, Edinburgh, in the Memorandum already referred to, states
in his view that the law has made ample provision for protecting the owner's interests. He adds,
however, that, —
Unfortunately, it cannot be said with the same confidence that the interests of the piuchasers
who are acquiring the land for a necessary public purpose are equally well protected. (Memo., p. 4.)
1685. After discussing the cases of compensation for properties taken for street-widening schemes
mentioned above. Sir Thomas Hunter says : —
Each claimant knows that if he does not get what he demands, the Corporation will be mulcted
in heavy expenses, and the Corporation know that if they give the price demanded they are not
merely paying too much in these particular cases but they are raising the price against themselves
for all future transactions.
1686. Sir Thomas Hunter points out that the whole arbitration costs as taxed of both parties fall
upon the Corporation unless a larger sum was tendered before the arbiter was appointed than is awarded.
In this connection Sir John Lindsay, Town Clerk of Glasgow, says : —
In all my practice I don't know of an arbiter having given the amount offered or less, because
he comes to know what the offer is somehow or other — -these things do come out. (23,301.) . . .
The result is that the Corporation are always asked to pay. Some people have no compunction
if they get money from the Corporation, just the same as other people with Railway Companies.
(23,302.)
1687. The cases which we have given, and the evidence connected therewith which we have referred
to, could be multiplied not only from the cities and districts from which the cases have been taken but
from most of the active industrial and larger towns and districts in Scotland. But the illustrations
given from the cities and districts mentioned— in which, owing to the necessity for expansion and
re-organisation on modern Unes, the operations involving arbitrations are large and continuous — con-
firm the general results deduced fi'om our analysis of the statutes themselves. Yet in spite of the steady
pressure of the great mimicipalities, the sums awarded as compensation and the costs of arbitration
continue to be so great as frequently to deter Local Authorities from undertaking desirable public
improvements.
1688. The following, taken from Sir Thomas Hunter's Memorandum, summarises his suggestions
for improvement in the methods and practice ot arbitrations: —
First.— That in all cases questions of disputed compensation shall be determined by a single
arbiter agreed upon by the parties, or aominated by the Secretary for Scotland on application
of either of them ; and the Secretary for Scotland shall fix the arbiter's remuneration.
Second. — That in all such cases the arbiter, in calculating the amoimt of the compensation,
may take into accoimt and make a deduction in respect of any enhancement of value to the re-
maining property of the same owner arising from the purpose for which the land is acquired.
Third.— Tlmt no additional allowance shall be made in respect merely of the owner being
compelled to sell.
Fourth. — (1) In any case where the compensation awarded amoimts to less than, say, £1000,
' the expenses allowed to the claimant against the promoters shall not exceed five per cent, upon the
amoimt of the award. This would be sufficient to cover the owner's expense of getting a report
and valuation from one or more men of skill for his guidance.
(2) That it shall be competent to the promoters to make an offer to the owner or claimant of
a sum in full of compensation, and such offer may be made either before the arbiter is appointed,
or at any time thereafter ; provided that if such offer is made after the appointment of the arbiter,
it shall also include a tender of expenses to the date thereof, as these may be taxed by the Auditor
of the Court of Session ; and in the event of the arbiter fixing the amount of compensation at a sum
not exceeding the amount so offered, the claimant shall be liable to the promoters in the expenses
of the arbitration, including the arbiter's and clerk's charges, from the date of the offer.
(3) In all cases where expenses in an arbitration regarding disputed compensation are due by
one party to the other, either party may submit the account thereof to the Auditor of the Court
of Session for taxation ; and the decision of the Auditor thereon shall be final and not subject to
review, and shall be accepted by the arbiter accordingly.
(4) The arbiter shall, so far as practicable in assessing compensation, act on his own knowledge
and experience, but may hear the parties by themselves or their agents, and any evidence adduced
by them.
(5) The rules fixing the scale of costs applicable to an arbitration mider the First Schedule of
the Housing, Town Planning, etc.. Act, 1909, shall be applicable to an arbitration imder the pro-
posed amended provisions ; and an arbiter under these provisions may, notwithstanding anything
in the Lands Clauses Acts, disallow as costs in the arbitration the costs of any witness whom he
17
268 ROYAL COMMISSION ON HOUSING IN SC6tLAND.
considers to have been called unnecessarily, and any other costs which he considers to have been
caused or incurred unnecessarily.
Fifth. — ^Where a subject, of which the whole or part is taken, has permanent buiidings^erected
thereon, the rental or annual value appearing in the Valuation Roll shall, for the purposes of deter-
mining the compensation to the owner, be regarded by the arbiter frima fade, as the maximum
amiual value.
Siodh. — That the provisions of section 90 of the Lands Clauses Consolidation (Scotland) Act,
1845, should be modified so as to enable Local Authorities to purchase only part of the owner's
lands, unless in the opinion of the arbiter who determines the compensation such part cannot be
severed from the remainder of the owner's property without material detriment thereto. (Memo,
by Sir Thomas Himter, p. 10.)
Recommendations as to the Appointment and Powers of Arbiters, and
Certain Powers of Local Authorities.
1689. Having carefully considered all these various suggestions and the evidence generally, we
submit our recommendations as follows : —
(1) That in all cases of disputed compensation consequent on schemes relating to housing or jjublic
health or other purpose recognised by Parliament as justifying compulsory powers being exercised by
a Local Authority, the matter shall be determined by a single arbiter agreed on by the parties, or failing
agreement appointed by the Secretary for Scotland or by the Local Government Board, on the applica-
tion of either party. Such arbiter to be so appointed may be a whole-time official of the Local Govern-
ment Board.*
(2) That in all cases the appeal to a Jury to assess compensation which has fallen into desuetude
should be abolished.
(3) That no additional allowance shall be made in respect of compulsory sale.
(4) That the Loual Government Board make rules fixing a scale of costs applicable to such arbi-
trations, and that the remuneration of the arbiter be fixed by the Board.
(5) That the arbiter shall have full power to determine by whom the expenses of the arbitration
are to be borne ; and also to disallow any costs which he considers to have been incurred imnecessarily,
(6) That in determining the payment of costs the arbiter should take into consideration whether
the claimant, after being requested in writing so to do, had failed to deliver to the Authority by whom
the land was to be acquired a statement in writing of the amount claimed in sufiicient time and giving
suflBcient particulars to enable the Authority to make a proper offer. f
(7) That the arbiter shall, as tar as practicable, act on his own knowledge and experience and shall
not, except with the sanction of the Local Government Board, hear Counsel or more than one expert witness
on each side.
(8) That Local Authorities when they have acquired land for any particular purpose shall, if they
find at any time after the purchase that thej' do not require it for the purpose for which it was originally
bought, have power to use the land for any other purpose without the necessity of approaching the
seller or superior and obtaining his consent. The consent of the appropriate Government Department
or Departments shall, however, be required to the proposed change of use of the land.
(9) That in the event of negotiations for purchase of lands for a housing scheme failiiig, the Lo<;al
Authority responsible should— subject to prior approval by the Local Government Board — ^pass a
resolution that certaia lands are required for the purpose of the scheme. Within a limited period of,
say, four weeks from the date of such resolution they should give notice to persons interested in the
selected sites. Within a further limited period of, say, four weeks after the service of the notice the
legal estate of the site in question should vest in the Local Authority who would be entitled to
possession. Rents, agreements, restrictions, and obligations where they affect not only the land to be
taken but also other lands not taken should be apportioned by operation of law on the vesting of the
legal estate, any differences of amount to be determined by the arbiter appointed to settle the price.f
(10) That in all cases of iiijprovement and reconstruction schemes, the arbiter in calculating the
amount of compensation payable to any person for his interest in the land taken shall have regard to the
extent to which the value of any neighbouring property in which the same person is interested is likely
to be appreciated or depreciated through works carried out on the land taken under the schemes.
(11) That in settling the sum payable in respect of any interest the arbiter shall not award any
compensation in respect of improvements or other works carried out after the first day when the fact
that the Local Authority were considering the scheme for the erection of houses on the land in question
or otherwise utilising it for public purposes became public knowledge if in his opinion the improvement
was not reasonably necessary or was made with a view to obtaining an increased price. f
(12) Advisers of Local Authorities responsible for the preparation of housing schemes should be
able to ascertain particulars as to the extent, boundaries, ownership, tenancies, and restrictions affecting
any suitable land. Information on these pomts in the possession of the Lands Valuation Department
of the Inland Revenue should be placed at the disposal of the advisers to the Local Authorities in order
to guide them in the selection of sites to be recommended for the purpose. f
(13) That 'the provisions of section 90 of the' Lands Clauses Consolidation (Scotland) Act, 1845,
should be modified so as to enable Local Authorities to purchase only part of the owner's lands unless
in the opinion of the arbiter who determines the compensation such part cannot be severed from the
remainder of the owner's property without material detriment thereto.
* Regarding the first recommendation above, we consider that there should be whole-time Govermnent officials
appointed whose special duty it would be to act as single arbiters in all the cases which we propose should be remitted
to a single arbiter. There are obvious disadvantages to the apiwintment of a person in piivate practice, and our
proposal would ensure uniformity of procedure.
■f Recommendations (6), (9), (11), and (12) are also to be found put forward in the Report of a Special Committee
of the Council of the Surveyors Institution (London) referred to in Paragraph 1694 below.
REPORT. 259
Single Arbiter v. Land Court.
1690. We have recommended above the appointment of a single arbiter to determine all cases of
disputed compensation. We now come to consider an alternative to our recommendation. There has
been put forward a suggestion that a special Land Court should be appointed to fix the price of ground
to be purchased by Local Authorities for housing schemes or in connection with town-planning schemes.
It seems to us somewhat curious that a reversal of the whole development of the Housing and Public
Health Acts on this point should now be proposed. Under the Public Health Acts much land has been
and may be taken for water-catchment areas, for di'ainage, and other schemes not much dissimilar to the
land or much of the land which may require to be purchased by Local Authorities for the provision of
houses or in connection with town-planning schemes. If it is really intended to reverse the develop-
ment of the Housing and Public Health Acts in regard to land to be taken for great public schemes — •
water, drainage, or others— we can see no justification for this.
1691. The only witness who suggested a Land Court was Mr Jack, the Town Clerk of Dunfermline,
and he did so mainly on the ground that under a single arbiter the Local Authority have to pay " not
' only their own expenses but the expenses of the other side." (43,273.) Mr Jack considers that a
tribunal such as the present Land Court (for fixing fair rents) would secure uniformity of practice and
that it would be " a very much cheaper method." {Ibid.) He restricts his proposal to the purchase of
land under town-plamiing schemes, but if, as we propose, an arbiter shall, in future, have power to
award expenses against a claimant who makes an unwarrantable claim, the chief reason put forward by
Mr Jack for his contention would fall. We do not think it would be good policy, nor are the reasons put
forward sufficiently weighty to justify a proposal to provide for separate methods of procedure for the
acquisition of land for housing and town-planning schemes on the one hand, and for reconstruction
and improvement schemes on the other. It is true that the extent of land involved in housing and
town-planning schemes is likely to be greater than that required by a Local Authority for other purposes
connected with housing, but it should be easier to value the kind of land which would be acquired for
the purposes of the former schemes than many other of the subjects which have been and will be valued
by a single arbiter for purposes connected with improvement and reconstruction schemes. Separately
the 1909 Act already provides that a single arbiter shall value land taken for the housing of the working
people under the provisions of said Act, and we see no reason for reversing these provisions.
1692. As. is' evident from the analysis of the Acts, the properties ranking for compensation vary
greatly in kind, in magnitude, and in value. Thus the term " lands " includes houses, tenements, and
other heritages as well as " land " in the strict sense. It is obvious that the task of an arbiter varies
considerably according as he has to determine the amount of compensation due for house property in
a town or open imdeveloped land in the country.
1693. There appear to us to be several specific objections to the proposal to appoint a Land^Court.
We^do not think that it has advantages that would justify the expense which its establishment would
entail. The proceedings would inevitably be more elaborate, and we believe that single arbiters could
overtake the work more quickly. There can be little doubt that a Land Court would require to arrive
at its judgment to a much greater extent from the evidence of witnesses than would a skilled single arbiter
(who would investigate for himself), and that the possibilites of reducing the costs ofjdetermining
the amount of compensation would be seriously Umited. On the contrary, the necessary procedure
would tend to become as cumbrous as the original arbitration procedure under the Lands Clauses Act, 1845.
1694. Our view on this subject finds support,
(a) From a statement made by Mr L. 0. Mathews, a Fellow of the Surveyor's Institution (who for
many years has been connected with important undertakings for the acquisition of land), in the course
of a discussion upon certain recommendations in the Report of the English Land Enquiry Comniittee
(1914), at a meeting in London of the Surveyor's Institution on 14th December 1914, and reported in
the Institution's Transactions, vol. xlvii.. Part III. Mr Mathews said : —
The Land Conamissioners, not being expert valuers, and having no local knowledge, would have
to depend entirely upon evidence, and though it is suggested that they are to have power to Umit
the evidence in order to keep down the costs, it is difiicult to see how, they could arrive at a fair
decision imless ample opportunity were given to the parties to put their cases properly before them.
It seems to us that the Land Court proposed by the Minority would be much in the same case as
the " Judicial Land Commissioners " referred to by Mr Mathews ; and
(6) From two conclusions in a Report (at pp. 20 and 22 respectively) — -published in December 1916
— of a Special Committee of the Council of the Surveyor's Institution (on Unemployment after the War)
in regard to land to be obtained by Local Authorities for housing emergency schemes, as follows : —
(a) The success of the proposals would depend to a considerable extent upon the ability of the
authorities concerned to obtain the necessary land expeditiously and without undiie cost.
(6) The simplest and perhaps the most efficient tribunal would be an able practical surveyor sitting
as a- single arbiter to be agreed between the parties if possible, or failing agreement appointed
by the president for the time being of the Surveyors' Institution.
The only difference between this latter conclusion and our proposal is that in Scotland — failing
agreement — the arbiter should be appointed by the Secretary for Scotland or the Local Government
Board.
Basis op Compensation.
1695. There remains for discussion the question of the basis of compensation.
1696. The proposals of our colleagues in the Minority on this subject (see their Chapter II.) lack
definiteness, and, apart from their suggestion that a special Land Court should be set up, they leave matters
much as they are at present. A Land Court without any defimte basis of compensation to work on does
260 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
not, in our opinion, hold out much hope of making it easier for public authorities to get land for pubUc
requirements at moderate figures.
1697. Our proposals, as after detailed, are that land should be obtainable on a definite basis of com-
pensation— fair both to owner and Local Authority. That it is essential we should be precise in out
recommendations may be gathered from the evidence analysed in this and the previous chapters, and at
the moment of writing there appears in the Press the report of an address (on 8th June 1917) to the
Scottish Institute of Architects by the president. Sir R. Rowand Anderson, LL.D., F.Ii.I.B.A., H.R.S.A.,
which sums up so concisely our views on the necessity for cheap land for housing, that we quote an extract
from the report as follows : —
He said the Institute would have to prepare to deal with housing and sanitary questions after
the war, and they must aim at a higher standard than ever. At the foundation of the question of
housing was that of getting cheaper land. Before that difiicult question was equitably solved very
little could be done and progress in that direction would be slow. Hitherto they had been compelled
to pile famiUes on the top of one another, as many as sixteen being accommodated in layers and
all entering off a common stair. He believed attempts were being made to alter that for the better.
With cheaper land, the building of self-contained houses could also be greatly improved, and sunk
floors, sometimes double, could be aboUshed, and with them the long and high stairs.
1698. The evidence which has been led before us, and some of which is referred to above, leads us to
two clear and definite conclusions — first, that the traditions and customs which have in the past surrounded
arbitrations have resulted in excessive awards and excessive costs of arbitration ; and second, that these
excessive awards and costs have paralysed the efforts of Local Authorities in their attempts to administer
Acts framed in the interests of pubhc health and otherwise for the general good.
Evidence as to the Means by which the Cheapening of Land may be Effected,
1699. As was to be expected, there was a variety of opinions on the part of witnesses as to what
might constitute a fair price and how the difficulties in obtaining land at such a price were to be over-
come. We shall refer to certain of the proposals later, but meantime we note that Mr Roxburgh (the
Secretary of the Edinburgh Branch of the Garden Cities and Town Planning Association) was of opinion
that £5 per acre per annum was all that a proper housing scheme could afford to pay (19,473), and that
Mr Nettlefold of Birmingham thought that a capital value of £120 per acre (representing a feu-duty of
£5 per acre) was the price at which land should be got. (42,760 ; 42,753 (3).) It is worth noting here
that Mr Nettlefold's view on the price of land is as follows : — •
Under the old system land and building speculators have often made several hundred per cent,
profit at the expense of the health and well-being of the nation. If the poorer classes are to be
housed satisfactorily at reasonable rents, these excessive profits will have to cease. (42,753 (3).)
And again, he says : —
Present prices are purely artificial. They are due to the fact that what I call " land sweating "
has been allowed in the past. (42,759.)
■ ' Restriction of Number of Houses.
1700. That the restriction of the number of houses which can be put on the land will make it impossible
for anyone to pay the high prices which have been exacted for land for tenements is certain. It is not
certain, however, that this restriction will prevent an extravagant price being asked and exacted for
land in many circumstances. Speaking broadly, we anticipate that the effect of the Town Planning
Act will not cheapen those portions of land in towns, or nearest to them, which might be considered ripe
for building, unless they are town plaimed also or are statutorily restricted in regard to building density,
and will certainly add to the price of those lands which, through the operations of the Act and the activities
of the State and Local Authorities, are brought within the category of building land much sooner than
would otherwise have been the case. We refer to our remarks on this subject in Chapter XXVII. on
" Town Planning." The general effect of the Act will be to increase the supply of available land ; but if,
as is hoped, there is an extensive building of Working-class houses, there will be an increase in the demand
for land for houses. In any case, when we consider how Uttle has yet been done in the way of town
planning, and how much remains to be done and how long it may take to do it, we are of opinion that
housing schemes will be greatly delayed if we have to wait till the Town Planning Act has achieved the
result of making it possible to acquire land for housing at lower prices. Further, it is necessary if State
monej'' is to be used, as it must be used, on a large scale in housing the working classes, to make certain
that the price of land is not put up by the very fact of State assistance.
Cheap and Rapid Transit.
1701. It has been claimed that cheap and rapid transit, by the extension of tramways and otherwise,
will have the effect of decreasing the demand for the more central sites and making available other
sites further from the centre, and so cheapening the land. We fear, however, that it will also have the
effect of adding to the price of those lands brought more quickly into the category of building land miless
suitable saf^uards are provided .
Buying by Local Authorities in Advance.
1702. We do not think that buying land by a Local Authority in advance would by itself solve
the difficulty, although in favourable circumstances this should be encouraged. Such a pohcy would
in many cases be extremely difficult to carry out. It is not anticipated that ordinary commercial enter-
prise will be able to cope with housing schemes of any magnitude for a very considerable time, and any
REPORT. 261
attempt by a Local Authority to acquire more than a small block of land, through someone acting secretly
on its behalf, would be certain to give the owner of the land a clue to the real purchaser, and the price
would at once go up. Equally, and perhaps more certainly, would it go up against a Local Authority
endeavouring to buy openly.
1703. "Wbile, therefore, we are of opinion that the effect of restricting the number of houses and of
cheap transit will have the effect, in the areas so restricted, of putting an end to the very excessive prices
charged for land for tenements, we do not believe that its effect will be sufficiently far-reaching to enable
agricultural land to be obtained at a price at which we think it ought to be acquired for building purposes.
Slum Clearances.
1704. The subject of slum clearances requires to be kept in view. As has been shown in a previous
part of this chapter, truly exorbitant prices have had to be paid in the past by Local Authorities for the
acquisition of property — -usually old and in a very poor condition and sometimes condemned by the
authorities as uninhabitable — -for improvement and housing schemes. Various suggestions were put
before us to alter this state of matters. Mr Aldridge, Secretary of the National Housing and Town
Planning Council, stated that the experience of practically all the towns of the kingdom is that the price
is grotesquely out of relation to the real value. (41,839.) He proposed that the principles of the Town
Planning Act should be applied to the clearance of unfit areas. Mr Aldridge's view was that : —
By thinking out the problem of the whole town, the buying of these areas for destruction would
be accelerated. That is to say, the town would really, as a part of its statutory duty, have to go over
its whole area and consider it. It would carry it forward several stages nearer some kind of treatment,
but from the financial point of view I think the result would be that the compensation given should
not be compensation on the present value but on prospective use. (41,839.)
And again, he said : —
If power were given to the Local Authority to take that area on the basis of its prospective use,
you would have then a much fairer basis of compensation than you have under the old plan. (Ibid.)
1705. Mr J. A. Young, Convener of the Public Health Comnnttee, Edinburgh, who also complained
bitterly as to the cost of improvement schemes, was of opinion that the Local Authority should not only
have the power of 'demohtion, but—
should also be able to acquire the site compulsorily at a price which would be governed by the
question of what use could be made of the ground, subject to the restrictions imposed by the Acts of
Parliament, both local and general, applicable to new houses. (40,434 (19).)
1706. Our view is that as Parliament has already recognised (in the Town Planning Act of 1909)
the right of the community to have the use of ground restricted in the interests of the health of the com-
munity, a power should be granted to Local Authorities to extend their town-planning operations to
congested sites in the interior of the towns. It seems to us it would be unfair that compensation should
be awarded to the owner of the site on which the insanitary or unhealthy dwellings were situated on an
assumption which would not be in accordance with fact, viz. that the area could again be used for crowding
as many houses as possible upon that site. We are, therefore, of opinion that the Local Authority should,
in the case of such areas, be entitled to acquire the same on a basis of compensation worked out in accord-
ance with the general scheme which we afterwards sketch. That scheme is that the compensation fehould
frima facie be the amount of the present Government valuation, but that it should be open to either side
to aver a change of circumstance, which would either reduce or increase the value of the land.
1707. As the buying of insanitary property is, however, a difficult operation, and as it is very important
in the interests of the public, we develop in detail how, in our view, our recommendations would work
out : (a) either compensation would be on the basis of the Government valuation — that is simple ; or
(6) if, in the judgment of the arbiter, that value was in excess of what should be paid on a basis of the
value of the land according to its future use, the Local Authority should be entitled to acquire such
property at the value of the ground according to the uses to which it could be put under any Acts of
Parliament or town-planning schemes. The compensation in such case would be — (1) an equivalent
for the estimated hfe of the buildings, based upon their condition at the time ; (2) the value of the site to
be estimated according to the number of buildings which the Acts of Parliament or the town-planning
scheme permitted to be placed on the site. In the event of the site, or part of it, being set apart for
recreation grounds or other open space, compensation should be estimated according to the number of
houses which the town-plan showed would be permissible on similar or neighbouring sites, and in any
case would not exceed a value calculated upon the maximum number of houses (recommended by us
in Chapter VIII.) to be set forth in a Pubhc General Statute.
Proposals to establish prima fagie Evidence of the Value of Land.
1708. If any serious attempt is to be made to deal with the housing problem at once, there will
require to be acquired, in the aggregate, large areas of land. If public money is expended in paying
excessive prices for land for houses, the possibilities of dealing efficiently with the housing problem will
be seriously limited. Public attention has been greatly attracted to this question within recent years.
To deal with it in a comprehensive and thorough way, public approval and sympathy must be ensured.
It is difficult to believe that public approval could be got for any solution of the problem which entailed
the payment, out of public monies, of excessive prices for the land required for proper housing.
1709. It is necessary, therefore, to consider what means can be devised to ensure that land can be
acquired at a fair and reasonable price. We believe that it is not impossible to make provisions that will
ensure the protection of the interests of both the seller and the purchaser. To be effective these provisions
will require to lay down a sharp and well-defined basis of compensation.
1710. It appears to us that the first essential condition in future arbitrations is that there '*hould be
262 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
provided, as a basis of compensation some prima facie evidence of the value of the property. If this were
done, the limits within which the price might vary would be much narrowed, and the parties would be
brought nearer to each other in the preliminary negotiations. This woiild much reduc« the number of
' cases whore an agreement could not be arrived at, and would, at the same time, guide the arbiter in making
his award in those cases where an agreement had not been reached.
1711. Proposals sharply defining a basis of compensation were put before us. Ex-Provost Keith
of Hamilton contended that land should be got by Local Authorities at a recognised price not exceeding
five times the agricultural rent. (1249 (44).) Mr Wilson, Provost of Motherwell, thought that " the Town
' Council should be allowed to purchase land at three or four times the agricultural value in advance of
' the immediate requirements." (41,062.)
] 71 2. Mr C. M. Robertson, town councillor, Innerleithen, was of opinion that land should be obtained
at so many vears' purchase of what the owner put it in at in the Valuation Roll. (19,858-9.)
1713." Sir Thomas Hunter in his Memorandum (paragraph "Sixth," p. 9) says :—
In Scotland the Valuation Roll, in which there is entered the yearly rent or value of all the lands
and heritage, is made up amiually, and a 11 rates are levied according to it. In the event of Parliament
hereafter requiring an additional column to be entered, stating the capital site value, whether that
ascertained under the scheme now in progress or otherwise, that information might be utilised. For
instance, where there is so entered the amount of the capital site value of any subject, of which the
whole or part is taken for the purpose of a street widening, roadway, public park, playgroimd, or
open space, the amount so entered may be regarded by the arbiter for the purposes of determinmg
the compensation to the owner as being prima, facie the maximum value of the site, exclusive of any
buildings or structural improvements thereon, which he may value separately.
1714. While we recognise the wide experience of ex-Provost Keith and Provost Wilson in housing
matters, and their earnest desire to obtain land at a lower price, we cannot agree with their proposals.
These are arbitrary — admittedly so, — and would, we are afraid, work inequitably. The prices suggested
would be too littlein many cases for land which has now obtained a building value, and would be too much
for land which h*&s now only an agricultural value, and which has little chance of being built on but for
the possibilitv of public money being extensively devoted to the provision of working-class housing.
On the whole, while the proposals referred to are simple, we cannot, having given them careful considera-
tion, recommend their adoption.
1715. Dealing next with the proposal that the annual rental in the Valuation Roll should be taken
as frima facie evidence, it appears to us to be open to several objections. The number of years' purchase
of the rental would still'have to be determined by the arbiter, and that is such a variable factor that there
would remain a wide scope for divergence of opinion. The rents in the Valuation Roll, in so far as they
are not rents of property actually let to a tenant, are fixed by agreement with the local assessor or, on
appeal, bv a local tribunal or, on a further appeal, by the judges in the Valuation Appeal Court. Com-
paratively few cases are appealed to the local tribunal, and very few to the judges in the Valuation Appeal
Coitrt. A great deal depends upon the assessor in the particular district. Even although the different
units of a Valuation Roll might be reasonably assessed in relation to each other, there is no security
that they are at the same level as the rates in another locality where there is another assessor.
1716. Finally, we deal with the suggestion appearing in Sir Thomas Hunter's Memorandum. The
objections just referred to do not apply to the valuations made by the Land Valuation Department under
the Finance Act (1909-10.) We have there records of capital value. Before these records, known as
the " original valuation," were made, provisional valuations were sent to every owner of property ;
if he thought the valuation was wrong, he had an opportunity of objecting and discussing the valuation
with the Department. This was done in many cases, and agreement was arrived at in most cases. Where
an agreement was not reached there was an appeal to a referee ; from him to the Court of Session, and
from the Court of Session to the House of Lords. The valuations were made by district valuers acting
under a chief valuer for the whole of Scotland. It appears, therefore, to be fair and reasonable to take
these figures as prima facie evidence of the value of all properties.
1717. Fortunately, we are enabled to get further assistance from the figures of the Valuation Depart-
ment. Where land had no agricultural value — but a building value only — ^it has been valued on the
basis of its building value. Where land had a building value as well as an agricultural value (e.g. land
in the outskirts of towns) it has been separately valued (a) on the basis of its building value, and (6) on
the basis of its agricultural value. Where land had an agricultural value only— and no building value —
it has been valued as agricultural land.
1718. The immediate purpose of these valuations was to fix a basis for collection of Increment Value
Duty and Undeveloped Land Duty, and it may be assumed that wherever land had a building value in
excess of its agricultural value, the building value is recorded.
1719. We are thus able to ascertain what land at a particular date had only an agricultural value
and what agricultural land had also a building value. In determining the building value of such land,
termed " undeveloped land," there was taken into account the time that might be expected to elapse
before the land was covered with buildings, and the building value was deferred or postponed over that
period, so that the valuation would be relatively high or low in accordance with the expectation as to
whether the ripening period would be short or long.
1720. It will be seen that these Grovemment valuations furnish prima facie evidence of the value
of all the classes of land which a Local Authority might wish to acquire for housing or other purposes.
We use "land " in the legal sense as meaning land and buildiags.
1721. They give the value of slum property or dilapidated property within a town, also of better-
class property which it might be necessary to acquire in connection with a housing or an improvement
scheme, and in the case where there is an overlapping in the ownership of land, as frequently occurs —
especially in Edinburgh — they give an allocation of the value of the share of the site possessed by each
individual owner. They give the building value of all bare land in and around towns, and they give
the agricultural value of land which had no building value.
REPORT. 263
Recommendations as to Basis of Compensation.
1722. We recommend, therefore, that in arbitrations these values should be held as prima facie
evidence of the value, but that it should be open to either party to adduce proof of their inaccuracy or
of a change in circumstances since the date of the valuation. In the case of one of the parties claiming
that the Government valuation should be disturbed, and failing to establish that to the satisfaction of
the arbiter, that party should pay the costs of the arbitration. As practically no building has taken
place during the last seven years, and therefore building land is no "riper " now than it was in 1909,
the mere lapse of time would not be a change of circumstance, nor would the fact that a Local Authority
wanted the land for housing be a change of circumstance.
1723. It should be competent for the Local Authority to adduce as a change of circumstances the
operations of the To^vn Planning Act of 1909, or of other Acts coming into force after the date of the
valuation, and restricting or directing the use to which the land should be put ; and in the case of land
valued by the Valuation Department as having only an agricultural value, the basis of compensation
should be agricultural value, and should exclude any element of " building value."
1724. Complications frequently arise in arbitration to determine the value of agricultural land.
There are— if only part of an estate or farm is taken — 'questions of severance, of disturbance of the
proportion of the different kinds of land, of the size of the steading if a portion of a farm is taken,
and other points. It is a matter for consideration whether in such cases provision could be made for
fixing a multiple of the agricultural value— perhaps one-and-a-half times or twice — -to cover all such
claims. We have no evidence before us to enable us to make a precise recommendation as to what would
be a fair multiple. If an owner were dissatisfied with compensation on that basis and preferred to
estabhsh his claims for these separately, then he would only be entitled to the single value so established,
and in addition he would be awarded compensation as determined by the arbiter for severance, etc.
1725. In the event of there being acquired a portion only of a piece of land fornyng a unit in the
Government valuation, it would be necessary to adjust and record the value of the portion not acquired.
1726. In the arbitration it should not be permitted to lead evidence of, or to refer to, results of
previous arbitrations.
1727. The arbiter should have access to the records of the Government Valuation Department.
The Local Authority should be entitled to obtain from the Valuation Department information of the
figures and other particulars relating to properties which they propose to acquire, and the Local Authority
should be required to disclose such information in their negotiations with the owners of properties which
they propose to acquire.
1728. In conducting arbitrations we are aware that the general practice has been for parties, while
placing on the records their case in general terms, to keep back the details of the CAridence they pro-
posed to lead before the arbiter, particularly evidence of transactions which they believe would support
their claim. This practice is open to objection. It often led to the multiplication of witnesses. In
an arbitration where there was a great deal at stake, a team of witnesses Was sometimes employed to
investigate as quickly as possible the details of the various transactions as they are given by the witnesses
on the other side ; and further, each party, knowing he naight be faced with such evidence, often felt bound
to investigate not only what he thought to be relevant examples, but all transactions which might
possibly be construed as having any bearing on the value of the property which was sub judice. If
it were made obhgatory on parties to disclose at an early stage of the negotiations the grounds of their
position, and to refer to any transactions in support of their contentions, there would be a saving in the
number of witnesses and a limitation of the scope of the work to be covered by both parties in getting up
their case. Further, it would, we think, lead to a settlement of inany arbitrations in their early stages,
and might even result in an agreement being reached without arbitration if it were known that such a
condition had to be complied with.
1729. We are of opinion that an Act designed to facilitate the purchase of land for working-class
houses should include a general provision limiting the number of houses, as suggested by us in Chapter VIII.
1730. Further, in order that private enterprise might not be placed on an unequal footing in acquir-
ing land, we are of opinion that any Local Authority transferring to a private builder, desiring to erect
working-class houses, land which had been acquired compulsorily by them, should do so at the cost
to the Local Authority subject to a statutory condition that it would be illegal for him to create any,
or any additional, annual burden over the site. Further, a private builder desiring to erect working-
class houses should be entitled to petition the Local Authority to acquire land for him for that
purpose. The land should be acquired on the same terms and under the same conditions and regu-
lations as would apply if the Local Authority were acquiring it for its own use, and also subject to the
statutory prohibition just referred to. The Local Authority would be required (a) to satisfy itself
that the petitioner was reputable and substantial, and generally a suitable person to undertake the
work, and (6) to approve of the plans of the houses and the laying out of the ground.
1731. We may appropriately deal here with a further question which, although not directly bearing
on the question of compensation, is relevant in respect that it affects the value of the land after it has
been acquired. ' If a Local Authority or a private builder acquires land on which, under the terms of
an Act of Parliament or a town-planning scheme, or under conditions laid down by a Local Authority,
there are restrictions as to the number of houses or otherwise, the purchaser of such houses will neces-
sarily be bound by these restrictions and so will every succeeding purchaser. If, at a later date, the
character of the district changes and it may be in the pubhc interest as well as the interest of the
then owner that these restrictions should be relaxed, the Local Authority, who, as we have recommended
in Chapter XXI., would have control of all such restrictions, would be entitled to release or modify
these restrictions on such terms and subject to such conditions as they deemed appropriate and
reasonable, both for present and future use of ground and also in regard to any future increment.
1732. A suggestion was put before us that the Local Authority should have the right of pre-emption
at the original value (a) of the site given off by them— at cost'; and (6) of the buildings— less deprecia-
tion— on its estate which the owner might desire to part with. (Walker Smith, loc. dt. ; Aldridge, 41,796,
264 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
41,801.) While we think the Local Authority should have the right of pre-emption, we do not think
this would be sufficient by itself to prevent land speculation, which is the purpose of the proposal, and for
this reason that, as tinae goes on, the number of house-owners who would want to sell their properties would
be numerous, and the Local Authority might find itself financially unable to exercise the right of pre-
emption except in a few extreme cases. We are of opinion, therefore, that while the Local Authority
should have the right of pre-emption, our proposals (a) for a statutory prohibition of the creation of ground
burdens, and (b) for placing feuing restrictions in the hands of the Local Authority, are imperatively
necessary.
1733. It was pointed out to us that it is undesirable that there should be a segregation or separation
of classes in regard to houses. Hitherto house-building has proceeded too much on that line, but with
the towli-planning powers it is desirable that different classes of houses should be erected in an area
which would be included in a tow^-planning scheme. Accordingly, as we point out in Chapter XXVII.,
on Town Planning, Local Authorities in their powers to purchase or feu land should not be Umited to doing
so for working-class houses only. No doubt their main purpose would be to provide houses for working
men and their families, but they should be entitled to devote portions of the area to more expensive
houses ; and, it follows, they should be entitled to devote portions of the area to different public purposes,
such as recreation grounds, halls, churches, schools, theatres, and so on. Indeed, as it might be desirable
to have certain factories and other industrial works near at hand, it should also be in the power of the
Local Authority to devote portions of their areas to the provision of sites for industrial undertakings.
1734. In the majority of cases insanitary or derelict buildings have been erected at a time when
feu-duties were small. One property visited by us in the glebe lands in Dundee, on which there was a
high feu-duty, had reached an insanitary condition ; and the number of such cases will certainly increase
as time goes on. The value of the feu-duty will be a very serious consideration in acquiring such pro-
perties, and we think provision should be made to enable a Local Authority to purchase a feu-duty, where
it is in excess of the value of the land, on a basis which would take into account the security for the pay-
ment of the feu-duty, and the use to which the ground could be put under the town-planned scheme, or
as restricted by Act of Parliament. The value of a feu-duty is dependent upon the security that it will
be paid regularly. In such properties this security is very small. If the property has been, or is nearing
the state at -which it will be condemned by the authorities, the fair value of the feu-duty might be
calculated on the basis of an annuity of the amount of the feu -duty for the number of years during which
it might be expected to be paid out of the net rents for the property, plus the value of the land based
upon the use to which it could be put, deferred for the period over which the annuity was calculated.
1735. In the case of compensation for disturbance of business, we are of opinion that the income
tax returns should be prima facie evidence of the profits. Evidence in support of this proposal is given
by Sir Thomas Hunter (Memorandum, p. 9, paragraph " Seventh ") as follows : —
Where a claim for compensation includes as an element therein the loss of profits from any
business, the arbiter shall have regard to the amount of profits upon which the claimant has paid
income tax in respect of such profits ; and unless on special cause shown, he shall not take as a basis
of calculation any higher sums of profits than the amount upon which income tax is so paid.
1736. We are of opinion that in all improvement and reconstruction schemes for the acquisition
of land by Local Aiithorities the principle of " betterment," to which we have made reference in this
chapter, shoiild be adopted, and that the principle should be applied not only to property in the same
ownership as the land acquired by the Local Authority, but to contiguous and adjacent property in
other ownership.
Summary of Recommei/dations and Suggestions in Chapter XXIV.
(1) That in all cases of disputed compensation consequent on schemes relating to housing or pubhc
health or other purposes recognised bj^ Parliament as justifying compulsory powers being exercised by
a Local Authority, the matter shall be determined by a single arbiter agreed on by the parties, or faiUng
agreement appointed by the Secretary for Scotland or by the Local Government Board, on the appUca-
tion of either party. Such arbiter to be so appointed may be a whole-time official of the Local Govern-
ment Board. (Paragraph 1689 (1).)
(2) That in all cases the appeal to a Jury to assess compensation which has fallen into desuetude
should be abolished. (Paragraph 1689 (2).)
(3) That no additional allowance shall be made in respect of compulsory sale. (Paragraph 1689 (3).)
(4) That the Local Government Board make rules fixing a scale of costs applicable to such arbitra-
tions and that the remuneration of the arbiter be fixed by the Board. (Paragraph 1689 (4).)
(5) That the arbiter shall have full power to determine by whom the expenses of the arbitration
are to be borne ; and also to disallow any costs which he considers to have been incurred imnecessarily.
(Paragraph 1689 (5).)
(6) That in determining the payment of costs the arbiter should take into consideration whether
the claimant, after being requested in writing so to do, had failed to deliver to the Authority by whom
the land was to be acquired a statement in writing of the amount claimed in sufficient time and giving
sufficient particulars to enable the Authority to make a proper offer. (Paragraph 1689 (6).)
(7) That the arbiter shall, as far as practicable, act on his own knowledge and experience and shall
not, except with the sanction of the Local Government Board, hear Counsel or more than one expert
witness on each side. (Paragraph 1689 (7).)
!*!5-'' (8) That Local Authorities when they have acquired land for any particular purpose shall, if they
find at any time after the purchase that they do not require it for the purpose for which it was originally
bought, have power to use the land for any other purpose without the necessity T)f approaching the
seller or superior and obtaining his consent. The consent of the appropriate Government Department
or Departments shall, however, be required to the proposed change of use of the land. (Paragraph
1689 (8).)
REPORT. 265
(9) That in the event of negotiations for purchase of lands for a housing scheme faiHng, the Local
Authority responsible should — subject to prior approval by the Local Government Board — pass a resolu-
tion that certain lands are required for the purpose of the scheme. Within a limited period of, say,
four weeks from the date of such resolution, they should give notice to persons interested in the selected
sites. Within a further limited period of, say, four weeks after the service of the notice, the legal estate
of the site in question should vest in the Local Authority who would be entitled to possession. Rents,
agreements, restrictions, and obligations where they affect not only the land to be taken but also other
lands not taken should be apportioned by operation of law on the vesting of the legal estate, any
differences of amoimt to be determined by the arbiter appointed to settle the price. (Paragraph
1689 (9).)
(10) That in all cases of improvement and reconstruction schemes, the arbiter in calculating the
amount of compensation payable to any person for his interest in the land taken shall have regard to the
extent to which the value of any neighbouring property in which the same person is interested is likely
to be appreciated or depreciated through works carried out on the land taken under the Scheme. (Para-
graph 1689 (10).)
(11) That in settling the sum payable in respect of any interest the arbiter shall not award any
compensation ia respect of improvements or other works carried out after the first day when the fact that
the Local Authority were considering the Scheme for the erection of houses on the land in question or
otherwise utilising it for public purposes became public knowledge if in his opinion the improvement was
not reasonably necessary or was made with a view to obtaining an increased price. (Paragraph 1689 (11).)
(12) Advisers of Local Authorities responsible for the preparation of housing schemes should be
able to ascertain particulars as to the extent, boimdaries, ownership, tenancies, and restrictions affecting
any suitable land. Information on these points in the possession of the Lands Valuation Department
of the Inland Revenue should be placed at the disposal of the advisers to the Local Authorities in order
to guide them in the selection of sites to be recommended for the purpose. (Paragraph 1689 (12).)
(13) That the provisions of section 90 of the Lands Clauses Consolidation (Scotland) Act, 1845, should
be modified so as to enable Local Authorities to purchase only part of the owner's lands imless, in the
opinion of the arbiter who determines the compensation, such part caimot be severed from the remainder
of the owner's property without material detriment thereto. (Paragraph 1689 (13).)
(14) That in arbitrations valuations made under the Finance (1909-10) Act, 1910, be held as prima
fade evidence of the value, but that it should be open to either party to adduce proof of their inaccuracy
or of a change of circumstances since the date of the valuation. That in the case of one of the parties
claiming that the Government valuation should be disturbed, and failing to establish that to the satis-
faction of the arbiter, that party should pay the costs of the arbitration. (Paragraph 1722.)
(15) That it should be competent for the Local Authority to adduce as a change of circumstances the
operation of the Town Planning Act of 1909, or of other Acts coming into operation after the date of
valuation, and restricting or directing the use to which land should be put ; and that in the case of land
valued by the Valuation Department as having only an agricultural value, the basis of compensation
should be agricultural value and should exclude any element of building value. (Paragraph 1723.)
(16) That in the event of there being acquired a portion only of a piece of land forming a imit in
the Government valuation, the value of the portion not acquired should be adjusted and recorded.
(Paragraph 1725.)
(17) That in the arbitration it should not be permitted to lead evidence of, or refer to, results of
previous arbitrations. (Paragraph 1726.)
(18) That the arbiter should have access to the records of the Government Valuation Department, and
that the Local Authority should be entitled to obtain from the Valuation Department information of
the figures and other particulars relatmgto properties which they propose to acquire, and should be required
to disclose such information in their negotiations with the owners of properties which they propose to
acquire. (Paragraph 1727.)
(19) That it should be obhgatory on parties at an early stage of the arbitration to state the grounds
of their position, and to refer to any transactions in support of their contentions. (Paragraph 1728.)
(20) That there should be a general statutory limitation of the number of houses per acre, as sug-
gested in Chapter VIII. (Paragraph 1729.)
(21) That any Local Authority transferring to a private builder desiring to erect working-class houses
land which had been acquired compulsorily by them, should do so at the cost to the Local Authority
subject to a statutory condition that it would be illegal for him to create any burden or any additional
aimual burden over the site ; that a private builder desiring to erect working-class houses should be
entitled to petition the Local Authority to acquire land for him for that purpose, and that that land
should be acquired on the same terms and under the same conditions and regulations as would apply if
the Local Authority were acquiring it for its own use, and also subject to the statutory prohibition
just referred to : that the Local Authority should be required — (o) to satisfy itself that the petitioner
was reputable and substantial, and generally a suitable person to imdertake the work, and (6) to approve
of the plans of tl^e houses and the laying out of the ground. (Paragraph 1730. )
(22) That the Local Authority, as recommended in Chapter XXL, should have control of all restric-
tions and should be entitled to release or modify these restrictions on such terms and subject to such
conditions as they deem appropriate and reasonable both for present and future use of the ground, and
also in regard to any future increment. (Paragraph 1731.)
(23) That the Local Authority should have the right of pre-emption at the original value (a) of
the site given off by them at cost, and (6) of the buildings, less depreciation, on its estates which the owner
might desire to part with. (Paragraph 1732.)
(24) That the Local Authorities in their powers to purchase or feu land should not be limited to
doing so for working-class houses only, but that they should be entitled to devote portions of the area
to more expensive houses and to different public purposes. (Paragraph 1733.)
(25) That in the case of a Local Authority acquiring properties on which there is a feu-duty which
exceeds the value of the land, they should be entitled to purchase that feu-duty on a basis which would
266 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
take into account the security for the payment of the feu-duty and the use to which the ground could be
put under the town-planned scheme, or as restricted by Act of Parliament. (Paragraph 1734.)
(26) That in the case of compensation for disturbance of business, the income-tax returns should be
prima facie evidence of the profits. (Paragiaph 1735.)
(27) That in all cases of improvement and reconstruction schemes, the principle of " betterment "
should be adopted, and that principle should be applied not only to property in the same ownership as
that to be acquired by the Local A'uthoritv but also to contiguous and adjacent property in other owner-
ship. (Paragraph 1736.)
(28) That powers should be gi-anted to Local Authorities to extend their town planning operations
to congested sites in the interest of towns. (Paragraph 1706.)
CHAPTER XXV.
BUILDING SOCIETIES.
1737. From the evidence before us we conclude that these societies, while taking a considerable
part in a number of towns in providing working-class houses of a satisfactory kind, have not contributed
very largeh'' in the provision ot such houses throughout Scotland. We think, however, that the movement
is good. In particular, we think that it has set a better standard of housing in some of the Scots burghs,
and that it should be encouraged in every way possible.
Classification of Building Societies.
1738. Building. Societies proper fall into two classes, (a) There are small societies formed to provide
houses for a limited number of members, and usually woimd up when the contributions of the members
have met the cost of erecting their dwellings. (6) There are larger societies ; and in several cases one
of these meets the demand in an entire town of those who desire to own their hou.ses. They commonly
operate over a long period, by applying the instalments paid on the earlier houses to the erection of fresh
buildings, instead of to the immediate repayment of the sum originally borrowed.
(a) Small Building Societies.
1739. The special home of the small societies is Larkhall in Lanarkshire, where nearly 25 per cent,
of the families either own, or are in process of acquiring, their own cottages. We give the history of the
origin and development of the movement in Larkhall in Chapter XIV., on " Housing in Mining Areas."
(b) Larger Building Societies.
1740. We have received evidence in regard to these societies from the following towns — Hawick, Dum-
barton, Falkirk, Grangemouth, and Edinburgh.
1741. Hawick (population in 1911, 16,877).— The society in Hawick was formed in 1864, and was
reconstituted in 1888 under the name of The Hawick Working Men's Building and Investment Company,
Limited, with increased capital and extended powers. Between 1864 and 1888 they built 216 quarter-
houses, 40 half-houses (for two families), and 31 cottages — in all 287 houses — at a total cost of £50,72] , or
an average cost per family of £177. Between 1888 and 1912 they built 108 quarter-houses and 65 cottages
— in all 173 houses — at a total cost ot £44,506, or an average cost per family of £257. (Wilson, 17,336 (15),
and Memo. — not printed — ^by 6. E. E. Pringle.) The average number of hoiises built each year is nine.
1742. The rise in the average cost from £177 in the earlier period to £257 in the later is explained
as partly the result of the rise in building costs (estimated as 20 per cent, in the ten years before the war)
and partly as due to the higher standard of accommodation now sought after, including a bathroom with
hot and cold water-supply. (Wilson, 17,336 (22).)
1743. The Hawick society has been more successful than most of the societies in other towns in
avoiding the constant use of straight lines in arranging its dwellings and in introducing variety of grouping.
This variety has been assisted by the fact that most of the houses are built on a somewhat steep slope,
which, of com-se, has entailed additional expense in development.
1744. Dumbarton (population in 1911, 21,989). — The Dumbarton Building Society, Limited, was
founded over forty years ago. They purchase land outright. They never feu if they can avoid it. They have
built about 500 houses, or an average of about thirteen per year. (Galbraith and Lyon, 33,851 (1-3).) Of
the 500 houses just over one-half (260) belong to members who had (June 1914) already discharged their
obligations to the society. There were 730 members ; they need not be, and were not all, householders, as
members were allowed to join the society simply by investing money at 3 per cent. (Lyon, 33,870 fE).
1 745. The types of houses built by the society were as follows : —
(a) Tenement : two rooms and kitchen, hot and cold, scullery and bathroom ; fifty-one houses to tiie
acre. Cost of bare site, £950. Total cost per house, £290.
(6)1 One room and kitchen, bathroom, hot and_cold ; similar to above. Total cost of house, £242.
(c)* Attached cottages. Cost of site per cottage, £58. Total cost per cottage, £412.
{d) Attached cottages. Cost of site per cottage, £60. Total cost per cottage, £444. (Galbraith
and Lyon, 33,851 (4).)
Independent testimony to the value of the society's work was given by the Sanitary Inspector of the
burgh. (Briggs, 33,929 (15 f).)
1746. Falkirk (population in 1911, 33,000). — ^The Falkirk Building Society was started about
1861, and virtually ceased building operations in 1904. During that time they built about 450 houses,
and purchased for their members about 100 additional houses. Of the last 320 built, all but 48 were
self-contained. The tenement dwellings have three rooms, and the cottages from three to five rooms,
REPORT. 267
with bathroom in the more recent. The cottages are two-storey houses consisting of kitchen, room, and
scullery on ground floor and two bedrooms and bathroom on upper floor — bedrooms being coom-ceiled,
with storm windows. This type of house is said to be very popular. All the terrace houses have gardens,
and tenements have each a garden space. "The more recent houses cost from £270 to £400. The average
rate of building was evidently twelve per jesbv and of purchase of houses about three per year.
(G. Ramsay. 39,667-8, 39,683.)
1747. Grangetnouth (population in 1911, 10,219). — The history of the society here is similar to that
in Falkirk, which is an adjoining burgh. The society started building in Grangemouth in 1876 and
stopped in 1907. In thirty years the society erected 287 tenement houses and 26 cottages at a total cost of
£63,000. The average rate of building was evidently about ten per year. The cottages are stated not
to have been a paying investment for the society. (J. P. Mackenzie, 34,292 (1, 18), 34,293.) The capital
of the society in 1913 was £24,600. {Ibid., 34,310.)
1748. Edinburgh (population in 1911, 320,318). — The Edinburgh Co-operative Building Company,
Limited, has, in the course of a httle over fifty years, built 2080 houses. We do not, however, propose
to give an account of its operations, as it has, for many years, ceased to provide houses within the
means even of the better-paid artisan. (Eunson and Wilson, 17,947a (30).)
Finance op Bxhlding Societies.
1749 The capital to start building is provided by members taking shares or depositing money
on loan. lu the case of the Hawick society the purchaser of houses took one £5 share for every £100 of
value. They paid a first call of 2s. 6d. per share, the balance being called upTwhen required to pay for
buildings. The nominal capital was £10,000. (Wilson, 17,336 (8 ff.).) In the case of Dumbarton
the members can deposit money at 3 per cent. ; every member applying for occupancy of a house must
deposit 1\ per cent, of its cost [i.e. on a £300 house he would deposit £22, 10s.).
1750. But whether on shares or deposit the member receives interest at 3, or sometimes 4 per cent.
He pays for the house in yearly instalments so as to redeem the whole cost and interest on same in fifteen
up to twenty-five and a half years (the latter being the case of Hawick). The contribution to capital
cost varies according to the number of years to be taken to pay it ofE. In the Hawick case it is now
2 per cent. Interest at rates varying from 3 to 4 per cent, must also be paid on proportion of cost out-
standing. In the case of Dumbarton, 6| per cent, was the total payment, i.e. 3 per cent, interest and 3|
per cent, towards repayment of capital.
Dividends.
1751 . The dividends earned by the societies vary. The Hawick society has, since 1888, restricted its divi-
dend to 5 per cent., and it has built up a reserve fund of £1200. (Wilson, 17,336 (13 f., 24), and Mr Pringle's
Memo.) In the case of Falkirk, 4| per cent, or 4J per cent, is usual, although at one time (which was
exceptional), they paid 6 per cent, for three years, besides carrying sums to reserve. (Ramsay, 39,695.)
1752. The societies are, managed on extremely economical lines, usually not exceeding 1 per cent.
Discussion of Difficulties.
1753. We think the Building Society movement should be encouraged and, so far as possible, diffi-
culties in their way should be removed, Some of the difficulties referred to in evidence were :—
(1) The Limitation of Individual Holding to £200. — In view of the rise in the cost of building we re-
commend this should be increased to £500.
(2) Difficulty in Members Disposing of Houses.^We recommend that societies should be empowered
to form separate tenants' co-partnership sections to meet the wants of working men who do not care
to become owners.
(3) Difficulty in obtaining Capital ; Rise in the Rate of Interest and Period of Repaymant of Loans. — •
At present the Pubhc Works Loan Board may lend money to Building Societies engaged in providing
houses for the working classes— up to one-half value of property— to be repaid within a period not ex-
ceeding forty years. We recommend that— subject to the condition that a Building Society registers
itself as a Public Utility Society, with a dividend limited to 5 per cent.— the Pubhc Works Loan Board
should be empowered to lend up to two-thirds the value of the property, the period of repayment to
remain the same, or on such more favourable terms as may from time to time be accorded to Public
Utility Societies.
(4) Price of Land. — This was much complained about by Building Society representatives. We
deal fully with this subject in Chapters XXII. and XXIV.
(5) Deceased Members' Holdings.— It was represented to us that representatives of deceased members
would in many cases leave their money with the society did the law allow, and that it would be a financial
convenience to the societies that they should do so. It was suggested that holdings, whether shares in
or members' loans to societies, should be declared trust investments.
We think this would not be prudent. Obviously if members desire that their legal representatives
should allow their holdings in societies to remain, they may give appropriate instructions in a testa-
mentary writing. While this is so, we recognise that many men — working men as well as others— do
not trouble to make a will. On the whole, while we think it would not be prudent to declare investments
with Building Societies trust investments, we recommend that it should be declared lawful for the
executor or other legal representative of a deceased member in his discretion to continue the deceased's
holdings in a Building Society unless the deceased had left contrary instructions.
(6) Legal Expenses. — ^We have recommended in another chapter the removal of restrictions from
feu-charters, and this should tend towards reduction of legal expenses.
(7) Stamp Duties on Conveyances of Properties and Estate Duties on Transmission of Shares and
Loans in^Building Societies at Death of Member. — -We think that these duties are a considerable hindrance
to Building Societies in their endeavour to provide working men with houses. On the other hand, they
form part of the large question of national finance. We accordingly can make no recommendation. We
pould only do so were we to pursue the subject of relief of small estates generally from taxation iu its
268 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
many ramifications in order that we might present a, policy which, while attempting to remove hardships,
would not create anomalies and exceptions which could not be justified. As this is not within our Kemit,
we prefer not to make any recommendation under this head.
Co-operative Associations.
1754. Although these associations do not build on the same terms and conditions as Building
Societies, we think it will be convenient to deal shortly with Co-operative Association house building here.
1755. Shortly stated, it may be said that they only build houses when (a) they desire to build shops
and find it convenient to put houses in tenements above the shops so as to enable them to pay the cost
of the ground in the shape of feu-duty charged: In one case it was pointed out by Mr Cairns, the Manager
of the St Cuthbert's Co-operative Association, Ltd., Edinburgh, that the feu-duty amounted to £300 per
acre (Appendix CXXXVI., and 39,498 ff.) ; or (6) where they found it convenient to get an outlet for
surplus capital. In regard to the latter of these points, as the Association has now found it impossible
to get a 4 per cent, return, they have ceased building such houses.
1756. Edinburgh. — Mr Cairns, the witness already mentioned, gave some interesting evidence in
regard to the building of houses by St Cuthbert's Co-operative Association, Ltd. Including 42 houses not
built by the Association, they own, or have owned, about 260, about half being three-apartment houses
and the remainder being two-apartment or self-contained houses. .This, of course, bears a small per-
centage to the total work of the Association, whose membership is 45,000, most of whom are heads of
families. It consequently is in touch with a population not far short of hali that of Edinburgh. The
capita] is about £700,000 and grows steadily. (Cairns, 39,567 f.) Mr Cairns mentioned that two features
which reduce the return on their property are that the building is exceptionally solid, and therefore
expensive, and that the feu-duties are high. (39,498 ff.) The rents charged for the houses in the city
under the direct control of the Association, most of them having three apartments, with bathrooms and
sculleries, range from £18 to £24, the average being about £21. (Appendix CXXXVI.)
1757. Apart from the houses which they themselves build, the Association lend money to their
members for the purchase of their houses. They value the property themselves and lend to the extent
of 80 per cent, of the valuation, a condition being that the borrower must have shares in the Association
equal to 15 per cent, of his loan. Eepayment by equal instalments is spread over a period of from
twelve to twenty-one years, according to the wish of the borrower. In 1914 the Association had
£71,000 lent to its members in this way, and there was no sign of the demand slackening. There was
a preference for houses with bathrooms. (Cairns, 39,496.)
1758. Per J^.— The Co-operative Society in Perth have built a few houses which have been let at rents
of £7, 3s. to £9, 5s. for a two-room house and £11 to £12, 10s. for three-room houses, exclusive, of rates.
They were built over ten years ago, but the movement has not continued, as the chief object for which it
was undertaken is said to have been the provision of an outlet for spare capital. (Ritchie, 36,728 (4).)
1759. Innerleithen. — The Innerleithen Co-operative Society has built a block of houses on the double-
flatted system, with gardens. The downstairs houses have three rooms, scullery, and water-closet, and
let at £12, 10s. The upper houses, which are reached by outside stone stairs at the back, have the same
accommodation, with the addition of two good-sized attics, 8 feet high and slightly coom-ceiled, and they
are rented at £15. The average weekly income of the tenants was given as about 34s. The property
brings in a gross return of 4 J per cent, or 3| per cent., after deducting 1 per cent, for depreciation. The
properties have been fully let fron the first, although the rents are from 50 to 60 per cent, above those
common in the town. (Robertson, 19,815 (14).)
1760. Selkirk.— The Selkirk Co-operative Society have built eight houses and have made the experi-
ment of constructing them with concrete blocks made on the ground. The building appears to have been
economically done, as they are able to provide a house with three rooms, scullery, and batiiroom downstairs,
and a large attic above, at a rent of £12, 10s. After allowing for repairs and depreciation (10s. per year
per house being set aside for a repairs fund) there is a return of 4 per cent. The secretary stated, however,
that while the accommodation was undoubtedly good, the members had hoped to provide houses at
lower rents and were not altogether satisfied with the experiment. (Wright, 17,187 ff.)
1761. To sum up, it may be said that, looking to the financial conditions even before the war, these
Co-operative Societies are not likely to proceed, at all events on the present lines, with direct building
effort. The enterprise of the St Cuthbert's Association in lending money for the purchase of houses by
their members is in a different category and on a larger scale.
1762. We refer in Chapter XXVI. (Paragraph 1834) to a suggestion which was made by the City
Engineer of Edinburgh for the development of building of houses for members of Co-operative Societies
by the great municipalities or the State with the co-operation or through the agency of these Societies.
(Horsburgh Campbell, 41,170 (30 ff.).)
Summary of Recommendations and Suggestions in Chapter XXV.
(1) That the limitation of individual holdings of share or loan stock in Building Societies should
be raised from £200 to £500. (Paragraph 1753 (1).)
(2) That Building Societies should be empowered to form separate tenants' co-partnership sections
to meet the wants of working men who do not care, to become owners. (Paragraph 1753 (2).)
(3) That, subject to the condition that a Buifding Society registers itself as a Public Utility Society,
with a dividend Hmited to 5 per cent., the Public Works Loan Board should be empowered to lend up to
two-thirds the value of the property, the period of repayment to remain the same — or on such more
favourable terms as may from time to time be accorded to Public Utility Copartnership Tenants
Societies. (Paragraph 1753 (3).)
(4) Price of Land. — Our recommendations in regard to obtaining land and compensation to be paid
therefor wiU be found in Chapter XXIV. (Paragraph 1753 (4).)
(5) That it should be made lawful for the executor or other legal representative of a deceased member
of a Building Society to continue — in his discretion — the deceased's holdings in such Building Society
unless the deceased had left contrary instructions. (Paragraph 1753 (5).)
REPORT.
269
CHAPTER XXVI.
PUBLIC UTILITY AND COPARTNERSHIP SOCIETIES.
1. Introductory.
1763. We now proceed to consider the " Copartnership Tenants " housing movement, and a few
sentences of definition are required before we describe the origin and aims of the movement.
1764. The principle of copartnership as appUed to building has not received any special legislative
sanction ; but since the passing of the Housing, Town Planning, etc.. Act, 1909, most of the copartner-
ship societies have taken advantage of the privilege of borrowing up to two-thirds of the value of
houses erected, which is conferred on " pubhc utihty societies." The statutory powers as regards
borrowing by such societies have already been set out. (Chapter V.)
1765. Any body which is registered under the Industrial and Provident Societies Act, 1893, and
whose rules prohibit the payment of a dividend exceeding 5 per cent., is a " pubhc utility society,"
and it is open to such a society to let houses to tenants in the ordinary way, without requiring them
to take any shares in the society. But when a pubhc utility society makes the stipulation that every
tenant shall acquire a certain interest in the society by taking up shares or loan stock, it becomes a
" copartnership society." Thus the two terms are not strictly synonymous — " public utility society "
(which alone occurs in the Housing Acts) being in practice the wider and including the other.
1766. There were, in 1914, about 64 registered public utility housing societies, 56 being in
England and Wales, and 8 in Scotland ; all but 2 have come into existence since 1900. 17 were
federated to " Copartnership Tenants, Ltd.," but there are others which are also worked on the co-
partnership principle. (Vivian, 40,571 (47) ; cf. Barlow, 25,048.)
1767. The following analysis of the management of 57 garden suburbs is given in The Garden Gitif
Movement Up to Date (1913), published by the Garden Cities and Town Plaiming Association, 7 of
the managing bodies are described as pubhc companies with hmited dividend ; 1 as public company,
imlimited dividend ; 3 as trusts ; 8 as private owners or a company or municipality ; 34 as public
utility societies under the Industrial and Provident Societies Act ; while the remaining 4 represent
a combination of different methods. This will show the variety in the constitution of these recently
constituted housing societies.
2. Origin and Extent of the Movement.
1768. The copartnership housing movement in its first beginning was a development of the general
co-operative movement. In 1888 a society was formed with the title of " Tenant Co-operators, Ltd.,"
and with the object of applying to housing the principles of co-operation which had long been success-
fully apphed to retail, and later to wholesale, trade. At an early stage this Society laid down the lead-
ing principles which have been more fully worked out by the copartnership societies. These were
that the tenant shareholders should have a direct interest in their houses, not individually but collec-
tively ; that they should benefit by the success of the Society in keeping its houses fully occupied, and
by the general good management of the property ; and that risks of loss to any individual tenant should
be distributed over the whole number. This Society built a number of houses in the first twelve years
of its existence, but at that point its development appears to have been arrested. {The Pioneer
Society in Co-operative Housing (1913).)
1769. The second and more important stage of the movement came with the renewed study of the
science and art of town planning, and the development by Mr Howard and others of the ideal of the
" garden city." The year 1900 was an important one, as it saw the foimdation by Messrs Cadbury of
the " Boumville Village Trust " (though the main part of the original garden village had been built
about five years earher), and by Mr Henry Vivian and his coadjutors of the garden suburb at Eahng.
(Cadbury, 25,046 ; Vivian, 40,570.) The latter was the first scheme in which the copartnership
principle of ownership and management was combined with the open development which is especially
denoted by the term " garden city " or " garden suburb."
1770. In 1905 a further step was taken, and three tenants' societies (at Ealing, Letchworth, and
Sevenoaks) were federated to a new central society, " Copartnership Tenants, Ltd." The functions
of this body will be described later, but we may here give statistics of the growth in the value of the
property of the federated societies.
Year.
Number of
Societies.
Cost Value of Land and
Buildings.
1905
1907
1909
1911
1913
1914
» ......
3
8
11
12
14
j>
99
£36,390
£204,639
£622,997
£1,042,855
£1,392,741
£1,532,287 (estimated value)
£2,977,454 (estimated value of
completed estate)
The total area is 816J acres, of which 89J are open spaces, and the estimated number of houses when
completed is 9053, or about 11 to the acre. (" Copartnership Tenants, Ltd.," Report for 1914.)
270 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
3. Function of a Centeal Society.
1771. Before we go on to describe the aims and methods of individual copartnery associations,
it may be well to indicate the place in the movement of the central societies to which many of these local
bodies are affiliated. Of the central societies we may take Copartnership Tenants, Ltd., as repre-
sentative, the others being the Welsh Housing and Town Planning Trust, Ltd., and the Housing Organ-
isation Society, Ltd. (formerly the Rural Housing Organisation Society), which has worked chiefly in
agricultural districts in the south of England. No such society has been foimded in Scotland.
1772. Copartnership Tenants, Ltd., works along several lines.
(a) It assists federated societies in the raismg of capital, and from the date of its registration in
Jime 1907 to December 1913 the total sum raised in shares, loan stock, bonds, and on mortgage
for the various societies was £896,571. Up to the latter date the sums invested in Copartnership
Tenants, Ltd., were £313,666. (See Amiual Report for 1914, from which certain of the following
particulars are taken also.)
» (6) It provides expert advice in the initiation of new schemes regarding the constitution of the
societies (for which it provides model rules), and also on questions of development, architecture, and
finance. The knowledge and experience of these matters which have been acquired in eariier schemes,
and which are being constantly confirmed and corrected, are thus placed at the disposal of those pro-
moting new copartnership building societies. (Vivian, 40,633.)
(c) The central society also acts as agent for the local societies in the purchase of building material ;
and, in virtue of its special experience and the wholesale character of its dealings, it claims to effect
important economies. In 1914 Copartnership Tenants, Ltd., expended a sum of £72,484, 14s. lOd.
on the purchase of materials, surveying estates, and architectural work.
(d) It pubhshes a journal, Copartnership, organises town-planning exhibitions, has instituted
travelling scholarships, and thus carries on a propagandist work in some ways similar to that of the
National Housing and Town Planning Council, and of the Garden Cities and Town Planning Association.
(e) Two subsidiary enterprises. Woodworkers, Ltd., Letchworth, and Brick and Tile-workers, Ltd.,
Madeley, have been established for the supply of materials to garden suburbs.
1773. The extent of these operations shows the usefulness of the Society. At the same time, it
should be noted that several bodies run on copartnership lines have preferred to remain independent.
Boumville Tenants, Ltd., is a case in point ; and Mr Barlow, Secretary to the Bournville Village
Trust, said that he believed the " feehng of the Boumville tenants was that they wanted liberty of
' purchase, and greater independence than they felt would be left to them if they joined the federation."
(25,048.) Similarly, Mr Bulmer, chairman of the Hereford Society, said that it was felt that more
interest would be taken locally, and capital would more readily be subscribed, if the Society were organised
on an independent basis. (Appendix CLXXXV.)
1774. With reference to the suggestion that there might be a sacrifice of hberty on the part of the
local societies in agreeing to purchase materials from the central society, Mr Vivian said that he con-
sidered that on the balance local societies independently organised " could not possibly get the facilities
' they get from the central organisation." He added that if any local society happened to hear of a
particularly advantageous bargain, they were a.dvised to communicate at once with the Central Buying
Committee of Copartnership Tenants. " All the local officials are advised to let us know directly they
' discover an)rt,hing that is apparently cheaper than anything we are supplying." He also emphasised
the advantage to local societies of benefiting by cash transactions and by the credit of the central body,
which stands very high owing to their regard for prompt payment. (40,694.)
4. Aim of the Movement.
1775. From the figures just given it will be seen that the operations of the copartnership move-
ment are on an exceedingly small scale compared with the magnitude of the housing question in Britain.
It is true, however, that down to the outbreak of the war they were increasing in England, although
it is clear that the operations have not comprehended in any notable degree ordinary working-class
housing. In Scotland — except at Ros}rth, which is practically an Admiralty venture — the movement
has made almost no headway.
1776. The root idea is to make the interest in the houses not individual but collective, by giving
the householder a stake in the prosperity of the whole group and a share in its self-government, thus
stimulating communal interest and pubhc spirit. Further, because he holds shares in the society which
has built the houses and manages the village or suburb, he can realise the value of his house, if he is
forced to leave the district, with less trouble, delay, and risk of loss than if he had to sell it outright.
(Walker Smith, 4213 (75 a) ; Roxburgh, 19,556.)
5. Method of Working — General.
1777. The underlying conception is that both the arrangement and structure of the houses (i.e.
the " garden city " or " garden suburb " element) and the form of tenure and management (the " co-
partnership " element) will make a higher standard of interest and occupancy possible. The Secretary
of the Edinburgh and East of Scotland Garden City Association brought out both points in his evidence
and showed how they interact. . . ,
The idea is that groups of co-operative house-owners are not merely co-operators owning
houses, but they form a society among themselves, with certain social relations ; and in that way
you tend to organise your whole community, rather than having your city consisting of a mass
of individual tenants quite unrelated to one another. (Roxburgh, 19,672.)
It is true that this end can be attained in other ways, as in Messrs Rowntree's village of New
Earswick, which is owned by a Trust estabhshed for that purpose, but where there is a " village council "
REPORT. " 271
■ which controls the " Folk Hall," and to which all plans for new buildings are submitted by the Trust.
But such autonomy in the life of a village or district is naturally allied with the copartnership prin-
ciple. Other advantages claimed are that the community is not composed of mere " casual tenants,"
but of neighbours who have " a corporate life," which gives them a pride in the condition of all the houses
and makes them all anxious to minimise repairs, or to find tenants for any vacant houses. (Roxburgh,
19,557, 19,672 ; Boyd Auld, 39,944.) A further point in the management of these societies is that
any surplus profits which may remain after the payment of the fixed interest on loan stock and shares
are allocated to the tenants. They are not, however, paid in cash, but are credited to each tenant in
the books of the society, thus increasing his interest in its'prosperity. (Boyd Auld, 39,819 (2f).)
6. Tenants' Contribution to Capital.
1778. In the majority of societies a contribution is demanded from the tenant to the 5 per cent,
share capital of the society. {Of. Vivian, 40,751 (61) for the various plans followed.) In the Liverpool
Garden Suburb at Wavertree, tbe tenants take up 4| per cent, loan stock, which is a preferred stock,
and so safer, though the return is less ; but this arrangement is apparently exceptional. At Westertoii
(Glasgow Garden Suburb) the deposit required for each house is, as a rule, £50, which can be paid either
in a single sum or by instalments, the payments being adjusted to suit the tenant's income. (Ibid.,
39,826-9.) At Harbome (Birmingham) shares are chiefly contributed by the tenants. A tenant has
eventually to take up £50 in shares (five shares of £10 each). The compulsory payments by tenants
are £2 on allotment of the first share, and a minimum subscription of 2s. 6d. per month afterwards. Share
interest is not paid in cash, but is added to the tenant's principal. (Waite, 25,061.)
] 779. Mr Boyd Auld pointed out, however, that the sum stipulated would naturally vary according
to the class of tenant whom the suburb was designed to attract. (39,945.) In point of fact, it is much
lower in some cases in England, e.g. in the original Society, " Tenant Co-operators, Ltd.," it was fixed
as low as £1, and in the Hereford Garden Suburb, where a large proportion of the tenants are labourers
earning not much over £1 per week, " the minimum instalments required from tenants are Is. down
' on entrance to tenancy, and 3d. per week after till £3 is reached." In this case two of the Tenants'
Committee have seats on the Board of the Company, and this arrangement is found to work well, though
it is not compulsory under the constitution. (Appendix CLXXXV., paragraphs 6, 8.) In (jther cases
an addition of 6d. per week is made to the rent as a repairs fund, which mounts up till it equals one-half
of the gross rental, and thereafter is placed to the credit of the tenants' capital account. However
this is arranged in detail the tenant's contribution, over and above his weekly rent, to the capital, of
the society is of great importance, as this gives him his practical. interest in the property — an interest
which, it Is claimed, is none the less real because it is not confined, as in the building society method,
to his individual house. Mr Nettlefold was asked in this connection whether this relatively small payr
ment was a sufiicient inducement to make a tenant careful of his house, and answered that in practice
it was ; and that there was the further safeguard that an unsatisfactory tenant could be deprived of
membership in the society, while there was no danger that the members as a whole would suffer through
the action of one of their number in selling his house to a bad tenant. The letting of the houses is the
concern of the whole society. (42,753 (9) ; 42,857 f.)
1780. A question naturally arises regarding the holding of any tenant who is obliged, or desires,
to leave the district and find a house elsewhere, since the copartnership movement is not yet nearly
wide enough in extent to afEord a probability that he will find a similar organisation awaiting him in
the district where he settles. On this point the evidence of the Secretary of Harbome Tenants, Ltd.,
is important. He first stated that their removal fist amounted to scarcely 5 per cent, per ammm, as
compared with 25 per cent, in many working-class districts ; and he went on to say that the Society
made use in such cases of the powers given by the Industrial and Provident Societies Act to repay and
extinguish shares. In this way the Society's credit was maintained ; nor had any difficulty been ex-
perienced in adhering to a rule that not more than 5 per cent, of the share capital should be so repaid
in any one year, as the demands had never approached tha^ amount. (Waite, 25,077 f.) Mr Nettlefold,
chairman of the Company said : " We pay out small sums when they are asked for, but obviously we
dare not agree to pay out any sum when it is asked for." (42,915.) This appUes, however, rather to
the loan stock subscribed^by the general pubhc. It appears to be the general practice so far, among
copartnership societies, to relieve outgoing tenants of their shares, even though there is no legal obhgation
to do so. But the creation of these societies is so recent that their ability so to relieve outgoing tenants
has probably not been severely tested.
7. Tenants and Repairs.
f
1781. One advantage of the above arrangement is that the society has a certain sum in hand, con-
sisting of the tenant's share capital and accumulated interest, which can be used to meet arrears of rent,
if these should occur, and which also forms a reserve for repairs. The witness last quoted stated that
internal repairs, painting, decoration, etc., were the business of the tenants— an arrangement which
appears to be commoner in England than in Scotland, — and that the chief item faUing on the society
was "outside painting, repairs to roofs, and minor details." He added : —
That is one of the good points about copartnership] ^estates, I think: they make the tenant
respon.sible for his repairs, but at the same time set up machinery for repaying him the money he
would otherwise be out of pocket, so that an inducement is held out to the tenant to take care of
his house. (Waite, 25,062, 25,069.)
1782. The Secretary of the Glasgow Garden Suburb expressed a similar opinion, and said further
that in case of any doubt as to the repairs which were necessary, the Tenants' Committee were the judges,
thus providing a guarantee against unfair demands by the Board of Management. (Boyd Auld, 39,986 f.)
As all surplus on the working of copartnership societies goes to the tenants, they have a direct interest
in reducing the society's bill for upkeep.
272
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
8. General Results.
1 783. On the whole, the arrangements just outlined seem to have worked well. Mr Vivian stated
that two months after the beginning of the war arrears in the first Hampstead Tenants, Ltd., were
£40 on u rent-roll of £9500, and in the Liverpool Garden Suburb arrears were about £53 on £7000.
(40,642.) At Hereford, a much smaller scheme but with a poorer class of tenant, arrears were at the
same period only 9s. on a rent-roll of about £1200. (Appendix CLXXXV. (8) (5).) Mr Vivian gave it
as his opinion that the attempt frequently made to name an average percentage of the rental to cover
arrears or repairs was a futile one, as everything depended on the class of tenant and the type of manage-
ment adopted ; but it is also trae that such figures as those just given showed the soundness of the
copartnership method. Another essential point is that in the copartnership society, as in the building
society, personal discrimination and allowance for individual circumstances is possible. Thus Mr Vivian
remarked : —
These things require considerable tact, and they are vital to the success of an estate. If you
deal with these thuigs stupidly by wooden regulations, then you will have a big element of waste.
(Vivian, 40,644.)
9; Rentals ov Houses and Class of Tenant provided for.
1784. The economic question is an essential element, and deserves notice. Mr Vivian gave the
following statistics regarding the societies federated to Copartnership Tenants, Ltd. : —
Number
Rental,
of Houses.
Bellow 6s. weekly
564
From 6s. and below 8s.
736
„ 8s.
10s.
753
„ 10s.
12s.
662
„ 12s.
15s.
151
„ 15s.
20s.
110
Over £52 per annum
201
3177
Mr Vivian subsequently explained that the lowest figures (3s. 3d., 3s. 6d.) were exclusive of rates, and
that the minimum for a self-contained house was about 4s. 6d. (Vivian, 40,571 (50 f.) ; 40,680 f.) At
Harbome Garden Suburb, which contains some of the cheapest houses included in the above table, " a
' general advance of rents took place " during 1914 {Report of Harhorne Tenants, Ltd., for 1914, Cf.
Walker Smith, 4213 (58).)
1785. Before this rise the rentals at Harbome ranged from 4s. 6d. to 15s. 6d. per week, uicluding
all rates and taxes. There were a few houses at £35 and £40 per annum, excluding rates : —
60 houses were rented at 68. and under ;
100 between 6s. and 8s. 9d. ;
100 at 8s. 9d., and the balance of
240 at over 8s. 9d.
1786. The costs of houses at the following rentals were approximately : —
At 48. 6d. per week ...... £120
„ 6s. 9d. „ 184
„ 8s. 9d. „ . . . . • . . 230
„10s. 6d. „ ...... 290
(Waite, 25,061.)
1787. The same witness mentioned that the members of the Society inhabiting these houses might
be classified according to occupation as follows :■ —
The strongest would be clerks, and among them there are a great many of the lesser officials
of the Corporation. Working jewellers are very strong here. Then there are skilled artisans, postal
employees, labourers. We have a good many genuine labourers, including Corporation employees,
a good many building-trade employees, a good many servants Uke coachmen and chaufEeurs, with
a certain number of warehousemen, travellers, a few manufacturers, schoolmasters, and profes-
sional men.
He added that about 10 per cent, of the tenants would be earning under 30s. per week. (Waite, 25,065,
25,081.)
1788. The chairman of the Hereford Garden Suburbs, which has perhaps the largest proportion
of cheap houses of the Enghsh copartnership seCieties, stated that " a large majority of the tenants
' are unskilled labourers, and only earn the wages of unskilled labourers in Hereford ; that is to say,
' about £1 a week." (Appendix CLXXXV.)
1789. In the Glasgow Garden Suburb (at Westerton, outside Glasgow), where the lowest rental
is £18, 18s., " the average wage is £2, 10s. per week " ; and the Secretary's estimate was that the lowest
would be about £2. The Sanitary Inspector for the county of Dumbarton said that the tenants were
chiefly clerks, warehousemen, etc. (Boyd Auld, 39,857 f. ; Dunbar, 42,982 f.) This Society, it will there-
fore be seen, can hardly be said to be catering for working men. The two societies at Gourock, one
being a public utihty and the other a copartnership society, both provide exclusively for well-paid
employees in the Admiralty's new torpedo works. (James Paterson, 33,610 fE. ; Richardson, 33,710.)
REPORT. 273
1790. in general, the evidence points to the fact that these schemes are best adapted for well-paid
artisans, clerks, municipal employees, and for wage-earners of the same type.
1791. It was suggested that it is important, if possible, to introduce houses at different values
within the same scheme. This has a double advantage : it enables a certain proportion of houses to be
provided at a lower rental than might otherwise be possible, and larger houses being accepted by the
Public Works Loan Board as " collateral security " for the loan.
1792. The other and more important advantage is that this arrangement prevents the separation
of different classes, and avoids that segregation in sharply defined districts which is too common a
feature at present. We deal with this subject in Chapter XXVII. on Town Planning.
10. Hereford.
1793. The Hereford Garden Suburb is much smaller than those already described ; but there
are two points of special interest in regard to it. (1) It has been made possible by a closer co-operation
between the Local Authority and the Public Utihty Building Society than has occurred elsewhere in
Great Britain — a result largely due to Mr E. F. Bulmer, chairman of the Society, who was Mayor of
Hereford when it was foimded. This co-operation led to (2) important economies which have enabled
the Society to house a larger proportion of tenant farmers of the labouring class than any similar body, so
far as the information submitted to us goes. (Vivian, 40,571 (56 f.) ; Nettlefold, 42,840 f. ; cf. 42,883.)
The scheme had its origin in the effort to provide new houses on newly developed sites on the outskirts
of Hereford at the same time as a clearance of slum property was effected in the centre of the town.
The total area of the Garden Suburb is 9^ acres, including l\ acres of open spaces, and the total number
of houses is 86. The land cost £158 per acre, and the cost of development and legal expenses was only
£84 per acre, or £242 for land and development. The low cost of development is interesting, as showing
what can be done on a basis of narrow service roads in a purely residential district. It also shows that a
town council can develop land within its borders most economically ; but the Hereford Town Coimcil
were fortvmate in possessing a Private Act which enabled them to construct roads themselves without
regard to the provision of the byelaws regarding width of carriageway.
1794. The estate is leased to Hereford Co-operative Housing, Ltd., who pay interest and sinking
fund on the cost of land and development to the Town Coimcil ; but when the capital expenditure has
been extinguished it will become the property of the Society. The rents are very moderate, as at the
outset nearly half the houses were let at 4s. 9d. per week, including rates, the rents of the others ranging
from 5s. 6d. to 7s. 9d. ; but more recently the rents have had to be sUghtly raised to meet an increase
in borough rates. In spite of the low rentals, the Society earned a satisfactory profit in 1912 — ^the
first year in which there was no unproductive capital on which to pay interest. , This result is a striking
commentary on the benefits of cheap estate development. One minor point of interest in this con-
nection is that the bricks fi'om the slum houses which were being demohshed were used as bottoming
for the new roads in the Suburb. (Appendix CLXXXV. ; c/. Nettlefold, Practical Town Planning,
p. 104.)
1795. The accommodation provided consists as a nile of living-room and back kitchen (or scullery),
containing bath downstairs, and three bedrooms, one of which is small, upstairs. The larger houses
have a separate bathroom upstairs. The cheapest houses, which cost £165, including fencing, are those
in the centre of blocks of five ; while semi-detached houses cost £190 or £195, the prices being those
current in 1906-1908, when the scheme was carried out.
1796. A large number of those housed are labourers earning Uttle over £1 per week before the war.
The tenants elect the Committee, which has two representatives on the Board of the Company — an
arrangement which is not compulsory under the constitution of the Company, but is said to work well.
The preference is given in the choice of tenants to those who have children — a preference seldom
shown by the ordinary landlord. (Appendix CLXXXV., paragraphs 4-8.)
1797. Hereford is also of interest as possessing a municipal housing scheme, more recent than the
copaitnership scheme ; and the borough officials claim that, owing to better borrowing facilities, they
are able to give a more airy and substantial house at a rent only slightly above that charged by the
Copartnership Society. On the other hand, the space round the mimicipal houses is smaller, as they are
built from 9 to 16 to the acre. {Ibid., paragraphs 12 f. Of the municipal houses, 36 are rented at 5s. or
5s. 3d. ; 22 at 6s. or 6s. 3d. ; and 4 at 8s. or 8s. 6d.) As a supplement to these two schemes for housing
families on the outskirts of the town, there is also a small independent society (of which Mi- Bulmer is
chairman) which has utilised part of the area cleared in the centre of the town to provide small houses
at a low rent for pensioners and other old people, at rents of from 2s. 9d. per week for two good rooms.
11. Scottish Experiments.
1798. In Greenock and Gourock there have been three housing societies recently registered under
the Industrial Provident Societies Act.
1799. Gourock and Ch'eenock Tenants, Ltd., which was registered on 27th February 1912, claims
to be the first copartnership housing society in Scotland, Its membership is drawn almost entirely
from the Admiralty workers in the new torpedo factory, who numbered about 400 when our evidence
was taken. Out of a capital of £1660, all but £100 has been raised among the workmen. The Society
has closely followed the constitution and methods of the English copartnership societies. It borrows
the larger part of the cost of the houses (in practice somewhat less than two-thirds) from the Public
Works Loan Board ; but the difficulty of raising the balance of capital required has proved serious.
1800. Each tenant is required to take up ten £5 shares, paying £2 on allotment, and not less than
4s. per month per share. In June 1914 there were 112 members taking up 216 shares. Owing to the
difficulty of finding capital, only 12 houses had then been built, at a density of about 13 to the gross acre.
The rent charged was £22, 2s., exclusive of rates. This sum was " fixed on the basis of from 7^ to 7|
' per cent, of the total capital cost," including provision for reps,yment of the loan in forty years.
(A. G. Richardson, 33,710.)
18
214: ROYAL COMMISSION ON HOUSING IN SCOTLANi).
1801. The cost of internal decoration is paid by the tenant. When asked what proportion of the
total wage received by members the rent would represent, the Secretary replied, " About one-fifth of the
' earnings." A recent ballot had shown that about 75 per cent, of the members desired self-contained
cottages with separate back-door, and the remainder double-flatted cottages. The average rent that
they were prepared to pay was 7s. 9d. (Richardson, 33,704.)
1802. Owing to the small proportion of the houses actually built to the membership of this Society,
houses have to be balloted for as they are completed. Various attempts to raise additional capital
by the assistance of the Admiralty, the co-operative movement, or the trade union to which most of the
men belong, have all broken down ; and the secretary stated that they would be only too glad to receive
a larger proportion of the cost from Government, if that could be arranged. (Richardson, 33,675 fi. ;
Campbell, 33,067.)
1803. Greenock Garden Suburb has been started by the promoters of the Glasgow Garden Suburb
at Westerton, and on the same lines. Groimd was obtained from Sir Hugh Shaw Stewart at £20 per
acre — a moderate feu-du*y in view of the fact that in the neighbourhood the " charge was £70 per acre
' for tenements." Only six houses were actually built, and about twenty apphcations were sent in ; but
many of these were subsequently withdrawn, vmder the impression, we were informed, that the applicants
might receive better value under the building scheme of the Corporation. (Boyd Auld, 39,819 (17 f.);
see also 39,895.)
1804. The third Society, Gourock Garden Suburb Tenants, Ltd., has provided houses almost entirely
for the Admiralty's workers, and has had the advantage of support from the Admiralty, which has given
a guarantee " to the extent of £200 a year against the loss of rent through unlet houses." But the
secretary remarked that " in the present state of trade and the demand for good houses of the cottage
' class, there is not much likehhood of the Admiralty being called upon to pay anything under their
' guarantee." . (J. Paterson, 33,583 (24).)
1805. The Society is not a copartnership one ; for the Admiralty — the Secretary of the Company
informed us — had not encouraged a copartnership scheme, but preferred one without restrictions, so
that their employees could obtain houses without a deposit. {Ibid., 33,611.)
1806. Land has been obtained for which a feu-duty of £20 per acre is charged. The site slopes
somewhat steeply, and the cost of road-making, which has fallen on the Company, and open spaces brings
the total ground rent up to £29 per acre. The houses are built 14 to the acre. The lowest rent charged
is £22 per aimum, or 8s. 6d. per week — a figure which the workmen are said to feel very high. (Paterson,
33,613-5 ; Campbell, 33,070.)
1807. The Secretary indicated that the higher rental, as compared with certain of the Enghsh
Garden Suburbs, is in part due to more sohd construction, 14-inch hollow brick walls, rough-cast outside,
with lath and plaster inside, in place of a 9-inch soHd wall.
1808. The houses are divided into two classes built on (a) the Enghsh system, with hving-room and
Htchen-scullery downstairs, and three bedrooms and bathroom upstairs ; and (6) the " Scots system,"
with the same accoromodation downstairs, but only two bedrooms upstairs^ — one of which can be divided
by a curtain. The latter houses have larger rooms and are more expensive, but we gathered on our visit
that the additional room in the former was appreciated. The 8s. 6d. houses cost £240 per house in blocks
of three, four, and six, the period of redemption being forty years. (Paterson, 33,267 f.)
1809. The Company has shown a profit each year, but has paid no dividend, desiring to use its net
revenue for further building. (Paterson, 33,627-37.)
1810. Some time ago the directors of the Company intimated that they were prepared to start a scheme
by which employees of the torpedo factory could purchase their own houses. The response is said to
have been disappointing ; but the rate of interest and repayment appears to have been high, and the
term of repayment too long for the proposition to prove attractive. (Paterson, 33,583 (35), 33,622 ff.)
12. Glasgow Garden Sububb, Westerton.
1811. Reference has already been made to Westerton, the chief copartnership housing society so
far started in Scotland, but one or two additional points may be added.
1812. The first sixty houses were completed early in 1914, and already by the middle of that year
a large number of additional tenants had joined the society with the hope of getting houses the follow-
ing year, while there were also numerous inquiries. A year later, 85 of the houses were occupied, but
by this time the war and the cessation of Government loans had stopped further progress in building.
Consequently it is too early to say whether Westerton will prove a success financially, and the same
apphes to schemes which have been started at Renfrew and Irvine. (Boyd Auld, 39,819 (711), 39,881 f.,
39,970.) It is necessary to repeat that Westerton can hardly be looked on as an experiment in ordinary
working-class housing.
1813. Westerton is laid out on a steeply sloping site ; and while this has added to the expense of
development, it has helped to give an excellent architectural effect to the suburb so far as it is yet laid
out. Mr Raymond Unwin has assisted in the preparation of the plans. An option over about 200 acres
of land has been obtained at £15 per acre feu-duty, which, at twenty years' purchase, equals £300 capital
value per acre, or £60,000 capital value for the 200 acres. The superior constructed a road connect-
ing the suburb with the western boundary of Glasgow at a cost of £2000. AH the other expenses of
development are borne by the society,
13. Finance.
1814. It will have been gathered from a perusal of the previous part of this chapter that the great
difficulty with which pubhc utihty societies have to contend with is that of finance. There has been
comparatively httle money placed with these companies by the pubhc either on shares or on loan. In
Scotland the contributions from the pubhc are neghgible. Consequently it is not surprising to find
that the witnesses representing copartnership societies who gave evidence before us were practically
unanimous that the loans from the. Government should be increased to a higher proportion of the total
value of the house and that the period for repayment should be extended.
REPORT. 275
14. Amount of Loans from Government^
1815. The witnesses representing the pubhc utihty societies operating in Glasgow and Greenock
pressed for such an mcrease, laying emphasis on the difficulty under present circumstances of raising
the required proportion of one-third. The Secretary of the Glasgow Garden Suburb thought that
if 80 per cent, were provided by Government, the societies could reasonably be expected to raise the
remainder. (Boyd Auld, 39,963 f., 39,980 f. ; cj. Pateison, 33,641 ; Richardson, 33,718.) Speaking
from a wide acquaintance with the copartnership movement in England, Mr Nettlefold emphasised the
same point. He argued that, in cases where the Government department was thoroughly satisfied
with the soimdness of the scheme, they might safely advance nine-tenths. (42,753 (7).)
15. Period of Repayment.
1816. In connection with Harbome, the garden suburb of which Mr Nettlefold is chairman, the
present difficulties in the society's ffiiance are due to the burden of repaying the Government advance
in a term of thirty years. This neccessitates the society raising additional loan stock every year in
order to pay the full sinking fund. (Nettlefold, 42,906.) This difficulty would obviously be aggravated
if the proportion of the Government advances were increased to a considerable extent, especially at the
higher rate of interest now ruling, without any extension of the period of repayment. Consequently
the balance sheets of the copartnership societies would only be further upset unless the period of re-
payment were extended as well as the proportionate amount of its loans. Mr Nettlefold advocated a
sixty years' period of repayment. (48,836, c/. 42,914.) Mr Vivian, while he stated that Copartnership
Tenants, Ltd., bad advised all the societies federated to that body to adopt a thirty years' term of re-
payment, submitted that there were strong arguments for a longer term up to fifty years, but he safe-
guarded his recommendation in the case of colliery districts where the life of the colliery is hmited.
(40,688.)
1817. Mr Walker Smith considered that imder favourable circumstances, and in^ the case of a
scheme on a considerable scale, the proportion of 90 per cent, was not excessive. (41,574.) In point
of fact, this is the proportion that has been advanced to the Scottish National Housing Company, Ltd.,
which has been entrusted with the task of housing the Admiralty workers at Rosyth. We observe upon
this case, however, that this can;'ot be taken as a precedent for the ordinary pubhc utility society.
Rosyth is entirely an Admiralty proposition, and it may be looked on as one where the Government have
really to provide the housing for their own employees. Even if 100 per cent, had been needed, the
Government would have required to have found it, as the workmen must get houses, otherwise the Naval
Base would be of no use.
16. Views of Pubuo Works Loan Commissioners.
1818. The Loan Commissioners are opposed to any extension of terms either in increase of loans
or extension of period of repayment. As regards the repayment of loans to pubhc utility societies, the
following is a statement by them : —
The Pubhc Works Loan Commissioners consider that the present maximum period of forty
years for loans to pubhc utihty societies is sufficient, and they are opposed to any extension of the
period, having regard to the nature of the security. If any extension of period were conceded in
these cases, no doubt the same case would be made out for loans to pubhc companies and private
persons. Moreover, section 67 (2) (c) of the Housing of the^ Working Classes Act, 1890, would re-
quire amendment, as that section provided that, in the case of leasehold estate, " not less than fifty
' years shall be unexpired at the date of the advance." If the maximum period for repayment
were extended, this provision is obviously inadequate. (Appendix CLXXX. (A) 3 (c).)
1819. We remark that the modification of the section quoted from the Act of 1890 would not present
much difficulty if the question of the margin of security were determined. The question of security has been
the determining point in the past transactions of the Commissioners, as their statement proceeds to say : —
Under the Pubhc Works Loans Acts of 1875, the Commissioners, in grantmg any loan, are
obhged to have due regard to the sufficiency of the security for its repayment, and they are the
sole judges of this. {Ibid., (8).)
They are advised by the Office of Works in regard to the security, but the decision rests in their own hands.
1820. Further, the observation occurs that if 90 per cent, of the capital were to be lent as a normal
condition of the development of pubhc utihty societies, such societies may be formed by groups of men
with httle knowledge of business methods, and the future development on wise hues of a movement of
some social importance may be endangered by their failure to adopt these prudent and good business
methods which are essential to success and which have evidently characterised the operations of the
societies associated with the Copartnership Tenants Housing Council.
1821. There is yet another danger. It is that societies may be formed by small groups of men
financially interested in building operations, and that these groups of men will find ways and means of
getting up societies which, in regard to the letter of the law, will be bona fide public utihty societies.
17. Copartnership Housing — Constructive Suggestions.
1822. Mr Nettlefold suggested that suice the financial position of a society is afEected by the fact
that investors look on their loan stock as " a lock-up," this difficulty might, when the movement has
advanced further, be met by poohng " the loan stock of all the societies that are federated, and then we
• would have a big stock that could be put on the Stock Exchange and dealt with there. That would
' mean a great difference to many people. Of course we pay out small sums when they are asked for."
(42,915, cf. 42,922.) Any measure which, either by spreading financial risk over a number of schemes
276 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
or otherwise, would render tlje stock of public utility societies a negotiable asset, would be a clear
advantage from the point of view of the general investor. On the other hand, it is not clear that the
investor would not prefer to have the element of direct interest in a local scheme. At all events that
element is valuable. Perhaps the loan stock might be treated in the way suggested, and the ordinary
share capital allowed as a rule to remain a local concern ; but in connection with the proposition generally,
it may be said that there would probably also be difficulty in bringing about such a " pooling " of stock
on account of the difEering circumstances and conditions of the schemes with their varying liabilities
and prospects ; and there is this further feature, which counts for something in such matters, namely,
the absence of community of interest as between the difEerent schemes and the fact that investors,
generally speakmg, will become investors on local grounds and considerations.
18. Central Society and its Relation to Local Authorities.
1823. Mr Henry Vivian, discussing the best line of future development for the movement, emphasised
the part which may be played in it by the central organisation (Copartnership Tenants, Ltd.) in an
enlarged and strengthened form. He indicated that the directors of the society hoped to reach a position
which would justify Parliament in granting a charter settmg out the main aims and course of procedure
of the society. He suggested that a public official or department commanding the confidence that the
Public Trustee commands in England " should be made the authority for seeing that the charter is
observed." (Vivian, 40,672.) The aim of the movement is to promote the public interest, and it might
well lie with some public official to see that this aim is steadily observed. A similar policy was stated in
some detail by Mr Walker Smith. His leading idea was that " the society or organisation which would
' build or undertake development upon the copartnership principle must be thoroughly representative."
On the approval of its constitution and directorate by the appropriate Government department it should
receive a royal charter, its expenditure being subject to Government audit. (Walker Smith, 4213 (73).)
1824. The account already given in Paragraphs 1770-1774 of the work of Copartnership Tenants,
Ltd., has shown the chief ways in which a strong central society, with a growing experience of conditions
of building and management in different parts of the country, may help local societies, especially in the
early stages of their growth. Mr Vivian emphasised the importance of finding men of busmess capacity
in the different localities, mentioning that some societies had been formed without such control, and had
" ceased to be without laying a brick." But he argued that, —
Faihng local societies being able to command the men and money, arrangements might be
made with central pubUc utility societies to undertake housing in certain districts, especially the
larger schemes in towns. ... If central organisations find the money and enter into contracts and
obligations, moral and otherwise, they must control policy. (Vivian, 40,571 (59), (62), cf. (85).)
1825. Mr Walker Smith further stated that "the scheme should be designed and carried out by the
' chartered society, acting with and receiving advice from the local board, which would contain repre-
' sentatives from the Local Authority and from the tenants, but always provided that, the chartered
' society would retain the control until the society had reached a certain condition of prosperity and
' security which would justify them in leaving it in the hands of the Local Authority and the tenants."
He also argued that, if powers were given to acquire land compulsorily at reasonable rates, such a scheme
would be of advantage to all concerned, (a) The advantages to the tenants have aheady been noted.
(6) The central association, working on a large scale and with a charter implying the confidence of the
Government, would attract the best brains in the housing movement, and gain in financial strength.
Economy in construction and continuity in management would also be insured. (4213 (75) ; cf. 4256.)
1826. Our view is that it is not essential that copartnership developments in every district should
proceed on identical lines, or be organised by the same body. In some areas the assistance of a strong
central society, such as Copartnership Tenants, Ltd., or of an advisory society, such as the Scottish
National Housing and Town Plarming Council, might or would prove invaluable, while in others the
Local Authority might be prepared to initiate schemes.
1827. On the whole, in the larger towns the ideal procedure seems to us to be that the initiation
should be taken by a local society, if such a society can be formed. In this case technical advice and
financial assistance can be received from the central or advisory body without sacrifice of independence.
But this presupposes the presence of interest and business capacity on the part of those in the locality
who initiate the movement. The problem is more difficult where there is a need of houses, but where
no individual or group of business men or workmen is prepared to start a society to meet the need on
approved lines. In such cases the central society would have a field favourable or, at all events, open
to its enterprise.
1828. We are inclined to think that the advantage of a Government chart.er to a central society
can easily be overestimated, but when a central society has proved successful, they might have a good
case for then going to the Privy Council for a charter.
19. Local Authorities and Copartnership Movement.
1829. Certain suggestions were put before us fot Local Authorities taking an interest in copartnership
societies. We propose to deal with these very shortly, because the question of the responsibility of
Local Authorities assisted by the State of meeting the vital housing needs of the working-class population
is part of our constructive policy.
1830. Mr Walker Smith suggested that the Government might lend, say, 90 per cent, and the Local
Authorities might contribute 5 per cent, or 10 per cent., and that private enterprise might be got to
concentrate upon the problem and do it in a commercial manner. This, he thought, would be an ideal
arrangement. (Walker Smith, 41,561 ; cf. 41,571.)
1831. Two other witnesses, viz. Mr Malcolm Stuart, a member of the Town Planning Committee
of the Edinburgh Town Coimcil, and Mr Horsburgh Campbell, the City Engineer of Edinburgh, made
REPORT. 277
suggestions of a similar kind. Both witnesses set out from the acknowledged difficulty of gettmg capital
for public utility societies, even although a large percentage is advanced by the State. Mr Malcolm
Stuart suggested that the responsibility for taking the initiative of forming a society should be placed
upon the Local Authority, who should have a direct relation to the tenant members, and he indicated
the financial lines and the amount of contributions which he would propose should be laid down for the
society and obtained from the prospective tenants respectively. He pointed out that under such an
ari'angement it would be open for any group of working men who desired better housing to apply to the
municipality to initiate a scheme, and if the latter failed to do so there might be an appeal to the Local
Grovemment Board. (Malcolm Stuart, 19,454 (15 ff.), 19,632 ff.) Mr Stuart also argued that Local
Authorities should make it their duty to acquire and develop land and let it on favourable terms to
building societies. We have, however, dealt with the subject of acquisition of land by Local Authorities
fully in Chapter XXIV., so we do not discuss it further here.
1832. Mr Horsburgh Campbell laid stress on the fact that in the " tripartite arrangement " the
burden of capital should rest on the State. He suggested that the State should find the whole amount
necessary, while the Local Authority would be responsible for the repayment of the loan, and thus a
twofold check would be imposed to prevent extravagant expenditure. He said : —
The financing by the State of the housing problem would prevent the risk of improvident local
expenditure, whilst it would not deter needed action on the part of the Local Authority, nor remove
their responsibility as trustees for the safe administration of State housing funds. The housing
accounts and expenditure of the suggested Housing Board would be the subject of State audit.
(18,745 (55), 18,794, 41,212.)
1833. The advantages claimed for the supply of the whole capital by the State were the reduction
of interest charged, and the saving of the " professional and works staff, offices and establishment "
of the proposed central society, which would, to some extent, duplicate those of the mimicipality. Mr
Campbell held that where a body of individuals desiring to obtain and live in the proposed houses existed,
an " authorised society " should immediately be formed. But where this condition was not fulfilled,
he argued that the Local Authority, as the direct instrument of the State, and having at its command
the best of local knowledge and advice, should not only be entrusted, but have the duty imposed of
carrying out this provision — so essential to the public health and morals of the people— -of housing the
workers up to rents not exceedirig a standard of, say, £20 per annum in the suburbs. (Horsburgh Campbell,
41,170 (22 ff).)
1834. These suggestions agree in placing the responsibility for taking the initiative on the Local
Authority. We develop the subject of Local Authority responsibility (which is adumbrated in a limited
form in the suggestions of the witness, as above quoted) in our constructive policy. That the Local
Authority should obtain the benefit of management where they can by copartnership societies or by
voluntary bodies of tenants, is a course which we approve of. That might be carried further in connection
with the great co-operative societies. In regard to them, Mr Horsburgh Campbell made the suggestion
that they might be willing to place their highly developed and highly skilled organisation at the disposal
of Local Authorities in connection with housing schemes and tenants' management societies where such
house building and management would be of benefit to their members.
20. Proposals in Regard to Loans.
1835. On the whole we cannot recommend, looking to the nature of the security, that the amount
(which, as it stands at present, must not exceed £66, 13s. 4d. per cent, of the value of the security subjects)
and period of repayment of loan (which, as it stands at present, must not exceed forty years) from the
State to public utility societies should be extended. The Public Works Loan Board, as representing
the Treasury, are not and cannot be properly cognizant of the circumstances surroimding the formation
of such societies, nor of the personnel and status of the promoters, directors, officials, and professional
advisers.
Loa/l Authority Loans.
1836. The matters just referred to, however, are or can readily be in the knowledge of Local Authorities,
who can satisfy themselves as to the bona fides of any society formed to conduct building operations in
their area. Accordingly, we recommend that Local Authorities should be empowered to grant loans
(out of monies which they may have borrowed from the State for housing purposes, or out of other funds
at their disposal) to public utility societies — subject to a distinction in regard to these societies to be
noted immediately (Paragraph 1838) — ^up to £76, 13s. 4d. per cent, of the value of the properties. Our
proposal would enable a Local Authority to give loans up to the full amount mentioned, or where the
Public Works Loan Board had granted a loan to a society of a certain amoimt, to give an additional
loan, but not exceeding the difference between the amount granted by the Public Works Loan Board
and £76, 13s. 4d. per cent, of the value of the security subjects. The Local Authority would be entitled
in giving the loan to make such conditions as they deemed proper with regard to class or classes of houses
or other buildings to be erected, the areas for building operations, and any other relevant matters.
Period for Repayment of Loans froin Local Authorities.
1837. At present the Public Works Loan Board can allow a period of repayment up to forty years.
In the event of a Local Authority giving the whole loans of the amount suggested, we think the maxi-
mum period of repayment should be fifty years, and in the case of the Local Authority giving a loan
of the amount suggested in addition to a loan granted by the Public Works Loan Board, the period of
repayment should begin at the expiry of the period fixed for repayment of the PubUc Works Loan Board's
loan, and should be for such term of years as shall be fixed by the Local Authority, but not to exceed
fifteen years.
278 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Class of Society to which Local Authority Loans may be granted.
1838. The distinction referred to in Paragraph 1836 which we think should be made in regard to
societies which might get the benefit of loans from Local Authorities is between pubUc utility societies
which are, and those which are not, based on copartnership principles. In the case of societies which
are not so based, we do not recommend that our proposals for Local Authority loans should apply.
Such societies may be practically private proprietary concerns. Indeed, we were informed of one such
concern formed by an industrial company which obtained a State loan, and which, when the loan was
repaid, dissolved itself, after selling the houses to the industrial company whose nominees held all the
shares in the society. Accordingly, our proposal applies only to pubhc utility societies which are pro-
moted on tenants' copartnership Unes. We think that public utihty societies should be empowered
(if they are not already empowered) to maintain both a copartnership branch and also a branch
for the provision of houses to members who prefer the individual ownership of their own dwellings
to the copartnery principle ; further, that the powers conferred on County Councils by section 72 of the
Housing, Town Planning, etc.. Act, 1909, whereby they may make advances to building societies on
a co-operative basis, should be extended to Town Councils (Keith, 1249 (47)), and the amoimt which may
be advanced should be increased from two-thirds to £76, 13s. 4d. per cent, of the value of the property.
Summary of Recommendations and Suggestions in Chapter XXVL
(1) That Local Authorities should be empowered to grant loans — or additional loans — to public
utility copartnership tenants' societies — up to £76, 138. 4d. of the value of the security subjects,—
in the case of the loans being exclusively by the Local Authorities, the maximum period of repayment
being fifty years; and in the case of the loans being additional to loans from the PubUc Works Loan
Board, the maximiim period of repayment being fifteen years, beginning first repayment instalment
on the expiry of the period of repayment of the loan from the Public Works Loan Board. Further, the
Local Authority may attach such conditions to granting loans as they think fit. (Paragraphs 1836 and
1837.)
(2) That public utility societies should be empowered (if they are not already empowered) to main-
tain both a copartnership branch, and also a branch for the provision of houses to members who prefer
the individual ownership of their own dwellings to the copartnery principle. (Paragraph 1838.)
(3) That the powers conferred on County Councils by section 72 of the Housing, Town Planning,
etc.. Act, 1909, whereby they may make advances to building societies on a co-operative basis, should
be extended to Town Councils, and the amount which may be advanced should be increased from
two-thirds to £76, 13s. 4d. per cent, of the value of the property. (Paragraph 1838.)
CHAPTER XXVII.
TOWN PLANNING AND, TRANSIT.
1839. Whilst development of burghs and county areas in Scotknd has for a good many years pro-
ceeded under statutory provisions and statutory regulations which have had for their object the
preservation of the health and safety of the public, it was felt for some years prior to the passing of the
Housing and Town Planning Act of 1909 that the existing statutes were defective in that they took no
cognisance of public convenience or amenity, and were, in other respects, too rigid to permit of more
enlightened modes of town development and modem methods of house construction.
1840. The result of development under the old order ias been in the main monotony, overcrowd-
ing, absence of open spaces, stereotyping of widths of streets without regard to the amount of traffic
that they would ultimately have to bear, and a total disregard of amenity in many places as evidenced
by the erection of incongruous buildings of various kinds in close proximity to one another.
1841. The Act of 1909 was designed for English conditions, and was subsequently, and at a late hour,
applied to Scotland. The Act itself defines the purposes for which a town-planning scheme may be
made, viz. : —
To secure proper sanitary conditions, amenity, and convenience in connection with the lay-
ing out and the use of land in course of development or likely to be built upon.
1842. The relation of town planning to the housing problem is pe/haps not sufficiently appreciated
and not popularly understood. Unless the areas within which housing schemes are projected have been
planned with careful foresight, the result may be not only that the arrangements for the houses them-
selves will be unsatisfactory, but future development will be found to have been prejudiced, and the
convenience and amenities as well as the sanitary conditions (vide Act) which it is possible to provide
under properly conceived town-planning schemes will be found impossible of attainment.
1843. Before housing schemes of any magnitude are undertaken, many important features — such
as the location of the main roads, the allocation of the works areas, etc. — should be determined. We
are satisfied of the great potential benefits that are to be derived from operations under the town-planning
sections of the 1909 Act. It is far from the truth that, whilst housing is a practical question, town
planning as is sometimes supposed is purely sestheticism, and we think it is desirable that a proper
imderstanding should be created in the pubUc mind of the inseparable connection of appropriate town
planning with the question of housing reform.
REPORT. 279
Present Position of Town-Planning Schemes.
1844. The present position of town planning in Scotland is that the Local Government Board have
received 32 apphcations from Local Authorities for authority to prepare schemes. The Board have
authorised the preparation of 20 of these schemes ; and of these, 3 schemes have been submitted to them for
approval. The list of Scottish authorities who have made apphcations for authority to prepare town-
planning schemes is encouraging as indicating that many Local Authorities — especially of the more
populous districts — ^have already shown an appreciation of the benefits which the Act confers.
1845. We regret to note that no schemes have yet been finally approved. A good many have been
prepared, as we have said, but for one reason or another no scheme has yet reached the stage of being
sanctioned by the Local Government Board. Conditions have, of course, been entirely abnormal
(during the war), and consequently the progress of the last three years cannot be taken as a criterion.
Even so, however, we think there is a desirability, indeed necessity, for a speeding-up of the framing
of schemes by Local Authorities and the consideration of these by the Central Authority. It is very
essential that schemes should be ready so that building progress may be made immediately the war
is over, and therefore town planning is an eminently fit subject to engage the attention of both the Local
Authorities and the Central Authority during the war.
Town Planning in Relation to Bueghal Extension.
1846. Mr H. R. Aldridge, dealing with the question of town planning, said : —
It may be urged that a Town Council in taking an interest in adjoining land would be ipso
facto estabhshing a case for municipal extension ; but, on the other hand, one might in meeting a
rural council suggest that they should town plan because again ipso facto they would show that they
were alive to their work. (41,789.)
This view seems perfectly sound. The matter might be stated in another way, viz. : —
If a burghal authority does not use every endeavour to properly regulate the development of
its own area by the use of such powers as are available under the Town Planning Act, it could be
urged strongly that they should not be permitted to control even greater areas ; and if a landward
area fails to exercise such powers as are available to regulate the development upon the confines of a
populous burgh, in a hberal spirit for the good of the community as a whole, that neglect could be
uiged with effect by a burgh in application for an extension of boundaries. Thus the advantages
are with the progressive authority. If burghal and landward authorities make fuU use of the powers
and opportunities offered, the advantages in manoeuvring for position in regard to burgh extension
seem to us to be ruled out. Fortunately, therefore, this vexed question need not be allowed to
interfere with operations under the Town Planning Act.
Contents or Provisions of a Town-Planning Scheme.
1847. Town-planning schemes are capable of providing for certain essentials of improved develop-
ment. The principal of these may be enumerated as follows : —
(1) The main arterial roads can be prescribed ; and in connection therewith special tramway tracks
may be provided for high-speed tramway traffic. We deal with this important question later.
(2) Having determined the hues and mode of construction of the main arterial roads, the remainder
of the roads required merely for estate development can, whilst permitting of an adequate space between
buildings, be provided of a narrow width and of a hght form of construction, thus cheapening develop-
ment and facihtating building operations.
(3) The character and the height of the buildings can be prescribed, and thus the erection of high
tenements can be prevented in places where they have no real justification.
(4) The density of the buildmgs per acre can be prescribed. This important provision will have a
beneficial effect upon the general health of the district.
This is one of the most important provisions contained in the Town Planning Act.
(5) The air space about buildings can be prescribed.
The area of open space required in relation to any building can be determined in such a way* that
the houses will have in perpetuity a full measure of fresh air and sunshine.
(6) Areas can be set aside for recreative purposes.
Certain areas, such as the valleys of streams, woodlands, and other areas of that nature which have
no value for building, could, with advantage, be earmarked for purposes of this nature.
(7) The present restrictive building regulations can be relaxed.
These regulations have been of considerable value in the past in securing suoh building development
as would not entirely neglect the interests of public health and the requirements of public safety. They
have, however, served their day for rigid application to all descriptions of dwellings. Even now there is
comparatively small complaint to make against them as applied to the type of building for which they
have been designed — that is, the tenemental class of building. At the present time, however, they apply
equally to the erection of cottages, in which case their terms generally are unnecessarily severe and
restrictive. Under the provisions of a scheme full power may be given for elasticity in the application
of building regulations, so that those suitable for tenemental development may apply to tenemental
areas, and those suitable for cottage development may be applied thereto.
(8) The building lines of existing streets may be fixed in such a way that the main arteries of a town
are not unduly restricted — as so often occurs at the present time — within burghs and populous centres
and on the confines thereof by buildings being erected close up to the existing main roads.
(9) Suitable areas— ?.e. flat level land alongside railways and canals— may be reserved for public works
280 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
and industrial xmdertakings. It is no longer necessary to utilise obvious works areas for the erection of
domestic buildings, nor need the converse obtain.
(10) Adequate sanitary conveniences, in the fullest sense of the term, may be required — ^that is to
say, with regard to the adequate provision of water-closets, baths, food stores, coal-houses, and other
domestic facilities.
(11) The preservation of the amenity and the natural features of the area may be ensured ; and areas
which are developing as residential areas can be prevented from being spoilt by imsuitable building being
imdertaken in close proximity thereto.
1848. The principle of compensation and betterment — whilst provided for by section 58 of the Act
of 1909 — does not apply to the restriction by the provisions of a scheme of the number of buildings per
acre. There is specially excluded from compensation by the provisions of section 59 of the Act such
restrictions as the Local Government Board " having regard to the nature and situation of the land
' affected by the provisions consider reasonable." The restrictions imposed will, no doubt, be equitably
graded so as not to impose undue hardship upon any particular proprietor. This gradation should be
accompanied by provisions ensuring the construction of such roads as will open up for immediate de-
velopment the land upon the outskirts for which the lowest density is provided.
1849. One of the chief objections that has been urged against town planning is that the instincts of
the town planner need to be prophetic to such a high degree that town planning becomes impracticable.
It may be urged, and is urged, that it is absurd to prescribe for the development of land which may not
develop for one hundred years, as conditions by that time may have changed enormously. It is urged that
it is a waste of time to prescribe detailed development for areas which will not become ripe for develop-
ment for many years. Even, however, if it were necessary that a town-planning scheme should pre-
scribe in close detail for the whole area, there is machinery in the Act whereby a scheme can be varied
and revoked. This, of course, involves the somewhat cumbersome procedure being commenced de novo
with all the attendant expense and delay. But from a close examination of the Act it does not appear
that it is at all necessary to prepare schemes in great detail.
1850. To attempt to prescribe closely for the development of any considerable area which may take
many years to develop is undesirable, not only in that it delays the preparation of the scheme for consider-
ably longer than is desirable, but because it introduces a degree of rigidity which it was one of the objects
of the Act to remove. Mining areas, especially, present a serious difficulty in the matter of attempting
to forecast liaes of development. It is not possible to determine ahead of the development where pits
may be opened. Many considerations determine the working of minerals and the location of shafts, and
a closely detailed scheme of town planning would probably, in many cases, be fomid to be wholly
unsuited and entirely unworkable in the light of the development which might take place. An area
marked out for domestic buildings might require to be appropriated for mining purposes, and it is
obviously out of the question to suggest the sterihsation of the minerals or the undue hampering in
any way of operations which are so intimately connected with the development and prosperity of
particular districts. Then, again, ther&is the question of subsidence which must be taken into account.
In such areas, it is believed that it will be possible to make such general regulations with respect to their
development as will not unduly prejudice any interest.
1851. There are obviously some features — such as main arterial roads — which must be defined
initially ; but the internal development or infilHng may with advantage be deferred and dealt with as
each particular area becomes ripe for development. At such time each particular area should be planned
in detail in the light of circumstances existing and contemplated at the time and, of course, always
in consonance with the broad general principles laid down in the scheme as originally approved.
1852. This principle has, . in some measure, we understand, been accepted in certain schemes as
approved in England. One difficulty that suggests itself in adopting this principle of elasticity or de-
ferred detail development is that it might be regarded as a variation of the scheme for which the Act
has provided specific procedure. It is, of course, quite clear that variation of a scheme is provided for
by section 54 (6) of the statute itself. That section provides, quite rightly, that any variation of a scheme
— ^which has the force of an Act of Parliament — shall require an instrument of at least equal value, i.e.
an amending scheme.
1853. We see no conflict, however, between this statutory provision for variation and our proposal
for deferring the infilHng of a scheme until each particular part of the area is ripe for such detail infilhng,
for such an arrangement would be clearly and suitably provided for under the scheme.
1854. We propose, therefore, for the combined purposes of expediency and expedition that the
schemes as approved by the Local Government Board should be of the most simple possible nature.
The fullest discretion permissible under the Act should be given to the Local Authorities, subject always
to those interested having a simple reference to the Central Authority in cases of objection.
1855. We consider that, as a general principle — realising, of course, that local and exceptional cir-
cumstances may require considerable departure from the lines suggested, — town-planning schemes
should be largely of a skeleton nature. Such skeleton should provide definitely for : —
Main roads and the widening of existing roads ; the definition of land units, preferably by
physical or ownership boimdaries ; the prescription of the number of houses for each portion of the
area covered by the scheme ; the prescription' of the minimum building lines in streets of various
widths ; the allocation, so far as possible, of areas for residential and industrial purposes respec-
tively ; and— in order to accelerate development and cheapen building — ^the relaxation of the
present building regulations.
1856. The principal matters in respect of which such relaxation is needed are the following, viz. : —
The grading of width and construction of new streets in intelligent anticipation of the future
trafiic ; the lowering of the height of ceihngs ; the permitting of hollow brick walls ; tile-hung
external walls and new materials of construction, e.g. concrete blocks ; the removal of the require-
ment to carry party walls through roofs ; the permitting of combined drainage, etc.
REPORT. 281
1857. These relaxations should themselves be graded so that where intense tenemental building is
allowed to proceed upon areas already more or less fully developed with that class of building, the present
Burgh Police Regulations, or similar regulations, would apply ; but where an open type of cottage
development is prescribed which would provide amply for light and air, the maximum relaxation should
be permitted.
1858. Having definitely settled these features and general provisions by the scheme itself, it should
be left to the future for the detail planning of the various areas either in land units or parts thereof.
This could be done by Orders— for which authority would need to be provided in the scheme — -issued by
the Local Authority and confirmed by the Local Government Board, to whom any objections by inter-
ested parties would be submitted.
1859. We understand that in an opinion recently obtained by the Local Government Board for
Scotland from the Law Ofiicers of the Crown, the view has been expressed that the Board may grant
approval to a town-planning scheme wholly or partially and subject to any such conditions as to sub-
sequent considerations of details as it thinks fit to impose.
In conveying the foregoing Opinion, the Local Govemement Board said : —
The general effect of that will be that Local Authorities will be enabled to plan their areas
definitely in the first instance so far as certain features may in the first instance be appropriately
defined, and may defer the infilling of details until the various areas become ripe for detailed
development.
Transit and Construction of Main Arterial or Traffic Roads.
1860. These are questions which are closely correlated. We received in evidence valuable informa-
tion as to the desirability of full consideration being given to the traffic or transit question in relation
to the provision of proper housing accommodation. It must be obvious that restricted and cramped
travelling facilities — such, for instance, as exist in certain cities where the tramways are in the hands of
a commercial company, who are entitled to regard the tramways imdertaking as a separate entity — ^will
result in a closer aggregation of the population. Regarded strictly from the tramways point of view,
the shorter the tramway routes per thousand of population, the better paying is the project likely to be.
For instance, it is well known that the best paying routes are those more or less in the centre of a city ;
whilst the extensions into the sparsely populated country are, from the tramways point of view, only a
paying proposition in that they are feeders to the main system, but of themselves they do not pay.
That is, of course, the narrow view without regard to the questions of improved housing, public health,
and amenity.
1861. We are much impressed with the necessity for the construction of main roads out of cities
and populous places in such a manner that new cheap land may be opened up for building purposes.
This principle of opening up new land and spreading the population involves the necessity of providing
cheap and rapid transit. At the present time, the average speed of tramways in the centre of a city Uke
Glasgow along, for instance, Argyle Street is extremely slow. The speed increases more or less pro-
portionately to the distance from the centre ; but even in the suburbs a speed of twelve miles is usually
the prescribed maximum. Such restrictions are, no doubt, quite right in the interests of public safety
in the present order of things, and we have become accustomed to accept such average speed as sufficient
or perhaps as the best obtainable. It is however, altogether insufficient, and we consider that the housing
requirements are such that special tracks should be provided upon sufficiently wide roads, so that the
maximum speed along these exclusive tramway tracks should reach a maximum of thirty miles per hour.
Mr J. A. Brodie, the City Engineer of Liverpool, gave valuable evidence of the work which has been
carried out in Liverpool upon these lines, and at the same time he indicated the very great economy which
was effected by foresight in prescribing adequate widths of these main arteries in order to prevent sub-
sequent widening, which invariably is required. In Liverpool tramcars have been running for over two
years at twenty miles per hour, with a maximum of twenty-five miles per hour, and we were informed by
the City Engineer that " with slight modifications which had been provided for, a speed of thirty miles
' per hour could be safely attained." (41,857 (27).) We entirely endorse the views of Mr Brodie, as ex-
pressed in the following terms, viz. : —
I am in favour of specially fenced-off tracks, with speed at present twenty miles per hour
and in future up to thirty miles per hour, or full limit of acceleration between stopping places of 300
to 400 yards apart. (41,857 (22).)
1862. Apart altogether from the enormous national economy which must result in the saving of
time from the increased speed which a special track permits, it was clear from the evidence of this witness
that economies are effected by providing a special track for tramways not only in first cost but in sub-
sequent maintenance. Our views in respect of these wide roads and more rapid traffic facilities are
supported by Mr J. Dalrymple, Manager of the Glasgow Tramways, who, in the course of his evidence,
said : —
If we had been starting to make all our extensions to-day, I think we would have endeavoured
to have had all the main arteries leading out of the city widened so as to give more room for traffic.
In the outskirts of many of the American and Continental cities there are beautiful tramway tracks
laid on wide thoroughfares. This enables the tramway authorities to have a high speed, which
is a great matter in bringing passengers to the city in the morning and taking them home in the
evening. The car, of course, has its own right of way. (42,092 (30).)
1863. Again, he said : —
High-speed tracks are much cheaper both to construct and to maintain, even taking into account
the purcha se of the ground. (Ibid. , 42,092 (34). )
1864. Mr Dalrymple was not able to point to any action being taken upon the lines of Liverpool,
282 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
except in the case of Anniesland and westward, where he explained that Glasgow are trying to obtain a
new wide road with an exclusive track for tramways designed for high-speed service. (42,159.)
1865. It was one of the fundamental propositions submitted in evidence by Mr J. S. Nettlefold
that provision should be made for frequent, rapid, and cheap transit to the suburbs. With the reservation
that the building density should be previously restricted against what he terms " land sweating," he
was strongly of opinion that improved communications upon liberal lines should be made well in advance
for opening up cheap land for building. (42,796.)
1866. The question of providing new main roads is not without administrative difficulty, because
their construction ceases to be a matter of local interest and local concern and becomes one of regional
or semi-national importance. This question has received careful consideration in the metropolitan
district. {Ibid., 42,778, 42,796 (1).) It was explained to us in evidence that six central conferences
had been set up by the Government, and were sitting in London to investigate arterial road problems
and the extent to which they might be facihtated by town planning. The Greater London area embraced
in their remit is one of fifteen miles radius, and includes over one himdred Local Authorities and four
County Cou n cils. (Aldridge, 41 ,790. )
1867. The City of Liverpool have an excellent example of the manner in which work of this kind
can be carried out. They have special powers conferred on them by their Streets and Buildings Act of
1908, whereby they may require certain streets to be constructed of a width of 80 feet, with practically
no cost to themselves initially. The powers which enable that city to make such provision may be con-
veyed to other authorities under town-planning schemes, and indeed are conveyed by schemes already.
From Mr Brodie's experience he considered it was of the utmost importance for proper planning that
the main arteries for general trafiic should be laid down well in advance of the development of building.
That not only was his opinion, but was the practice in Liverpool. (Brodie, 41,857 (16), 41,957-9.)
This view was strongly supported, and indeed there was no other view submitted to us. "We think there
can be no doubt but that the future will see a great extension of self-propelled traffic ; that there will
be a strong tendency for the populations of cities in populous areas to spread over a wider area ; and
therefore this question of main-road construction becomes of paramount and urgent importance. From
the very nature of the proposals they must be of more than local interest, and to be of real benefit
comprehensive schemes comprising areas probably within the jurisdiction of three or four or more different
authorities must be considered. Most new roads are at present made by private enterprise. Unaided
and undirected private enterprise is not in the least likely to provide such roads as we have in contempla-
tion. Its interests are not sufficiently wide to justify it and its powers are not sufficiently great to
enable it to carry such schemes into effect.
1868. What seems to us to be required is that co-operation among the various authorities in such
matters should be seaired, and we think that this could be done by an addition being made in the following
terms or substantially in these terms to section 56 (2) of the Housing, Town Planning, etc.. Act, 1909 : — •
Without prejudice to the foregoing provisions and to the provisions of section 55 (3) the regula-
tions hereinbefore referred to may also make provision requiring Local Authorities to confer and
co-operate for the purpose of preparing joint schemes (o) in cases where more than one Local
Authority have made application for authority to prepare a town-planning scheme for the same
area or for part of the same area, and (b) in cases where application is made by different Local
Authorities for authority to prepare town-planning schemes for areas adjoining each other, and
which, by reason of the contiguity or relationship of such areas to each other or for any other
reason, it would, in the opinion of the Board, be desirable they should be dealt with together.
1869. It is generally recognised that co-operation among all interested parties is the keynote of
success in town planning, and apart from the statutory references, the regulations issued by the Local
Government Board have made co-operation one of the essential requisites of all procedure. In order
to a scheme being mapped out there must be full knowledge and recognition of all the interests concerned,
so that the scheme may have due regard to these, and make every effort to meet particular circumstances
and conditions in the planning out of the details of the proposals to be applied. Moreover, town planning
will not permit of arbitrary boundaries being selected for its purposes. The whole area which requires
town planning must be delimited and included irrespective of the boundaries of Local Authorities or
of any other considerations. And even when the area is wholly within the boundaries of one authority,
due regard must be had to adjoining areas and what may be the potential needs, conditions, and growth
of these areas. Local Authorities, therefore, must essentially co-operate with their neighbours in the
fullest sense of the term. In this connection, of course, the town plan need not be evolved under one
and the same scheme ; it may be prepared quite as efficiently — perhaps more efficiently — ^under correlated
schemes. We consider that, as a matter of principle, each Local Authority should have the oppartanity
of evolving or propounding town planning over its own area. No authority other than the authority
of the area can be presumed to know its conditions and possibilities so well ; no other authority has the
same responsibility or interest in the area : it is the authority for the purpose of enforcing the Public
Health and other Laws ; for the levying of assessments, and for guarding and developing every side of
communal activity. It is suggested, therefore, that with the requirement of co-operation so prominently
set out in the regulations there should be no reason foj any one authority usurping the particular functions
or place of another authority unless in quite exceptional circumstances. The purposes for which co-opera-
tion wiU generally be required are in connection with the wider features of a scheme, e.g. through roads,
character and location of buildings, etc., and surely the officials of the various Local Authorities concerned
can confer together and come to a mutual agreement on such matters. If they cannot, then surely
their Local Authorities can ; if the Local Authorities cannot, then the Local Government Board will
be called upon to decide. It might be that a joint consultative committee, consisting of representatives
of the various authorities concerned, would be found to be the medium most likely to harmonise the
various views and opinions, but, in any case, by means of co-operation and all that that involves, we
consider that all and every'phase connected with the^preparation and promotion of town-planning
schemes can be safeguarded, regulated, and provided for.
REPORT. 283
Town-Plautnino in Bxtilt-up Abeas.
1870. Mr Aldridge, Secretary of the National Housing and Town Planning Council, tendered evidence
with regard to this phase of the question (41 ,784 ff.). In the course of our inspections also the desirabiUty
for some action in this direction was brought vividly before us. Those Local Authorities who may wish
to avail themselves of the town-planning provisions of the Act of 1909 can include, together with the
undeveloped area, a certain amount of land that is already bailt upon. The Act is obviously not intended
to apply generally to areas already built upon. By the terms of section 54 (3) a Local Authority needs
to show to the Central Authority special justification for the inclusion of any land already built upon
which they desire to include within the area for which they ask authority to prepare a scheme. It needs
to be shown that such " piece of land abeady built upon is so situated with respect to any land hkely to
' be used for building purposes that it ought to be included in any town-planning scheme."
1871. The City of Dunfermline have obtained authority to town plan a very considerable area
surrounding the old burgh, but have left the centre — which is more or less built up— unaffected by the
scheme ; that is to say, building can proceed within the central zone unrestrictedly, except that it must
■ comply with the existing bu ilding regulations. The effect of this may be unfortunate. The undeveloped
land on the outskirts will be covered by town-planning restrictions framed with the intention of raising
the standard of housing, preserving the amenities, and improving the general conditions of Hfe. The
built-up portion of the burgh is left open to the operations of those who are prepared to play down to
the lack of appreciation of improved housing conditions. The central zone is left to those who would
not only leave existing buildings with the very inadequate air-space which they at present possess but,
by the erection of other and higher buildings, will make the existing congestion very much worse. They
are permitted to demohsh existing cottages and erect high tenements in their stead. They may cover
any particular acre with about one hundred two-apartment houses in four-storey tenements in lieu of
the ten or twelve houses per acre which the town-planning scheme provides. One-room houses may
also be built. It will be permitted to retain narrow streets which largely exclude sunshine and fresh
air, and generally to continue the creation of potential slums which the present regulations permit,
Mr J. A. Young, Convener of the Public Health Committee of the Edinburgh Town Council, contended
for the control by the Local Authority of the future development of an unhealthy area. (40,434 (22).)
1872. In other cases in the west of Scotland there are evidences that enormous developments of
the ship-building industry will in due course require the demolition of considerable areas of congested
and slum property. It is obvious that advantage ought to be taken of these possibilities to replan the
centre of these burghs in such a way that the existing slums with congested and narrow highways and
insanitary dwelhngs may give place to a better and more worthy development and the erection of proper
accommodation.
1873. Part I. of the Principal Act of 1890, and not the Town Planning Act of 1909, is the machinery
originally designed for dealing with these congested areas. It is very seldom used on account of the
great expense involved, and where slum clearance is undertaken it is more frequently done under special
local Acts. In any case, it is proved by long experience that this method of removal of slum areas and
remodelling built-up areas is an extremely costly one.
1874. The powers of a Local Authority to ensure proper development of their presently unbuilt
upon areas by operations under the town-planning section of the 1909 Act are so far an advance upon
those previously possessed, and are capable of being exercised without undue payment of compensation,
that we have considered whether the areas already built upon should be brought into line with the unbuilt
upon areas which are controlled by suitable town-planning regulations. We have concluded that there are
such obvious advantages in an extension of the principles of the town-planning section of the 1909 Act,
as apphed to an undeveloped area, to a congested area, that those principles should be extended to the town
planning of built-up areas in order that future developments in such areas may be suitably regulated.
1875. It should be competent to effect the replanning without the owners of slum and other pro-
perty being permitted to benefit by the improvement at the public expense. The amended legislation
should provide that no new building should be erected within the built-up area, and no alteration to an
existing building should be made, unless such new building or such alteration conforms with the new
town plan ; that is to say, no new interest should be permitted to be created that would ultimately need
to be bought out at the public expense. "Where an owner desires to demolish or rebuild, the Local
Authority should have power to purchase, under special safeguards for the public purse ; that is, on the
basis of compensation recommended in Chapter XXIV. The Local Authority should have power of
compulsory excambion as amongst the various owners, and should have vested in them the ownership
of the solum of streets that may be closed under the town-planning scheme.
1876. From examination of witnesses with regard to Dunfermline, we ascertained that there is at
present no intention to town plan the central zone, but that the Local Authority are content with such
piecemeal improvements as the sporadic circumstances of new buildings may offer. At the same time,
the Town Clerk, Dunfermline, said : —
I certainly think that the Local Authority should have power to restrict the heights of build-
ings in existing burghs. If a man cares to build any monstrosity, he can do it if he hkes, so long
as he goes skywards. (Jack, 43,283.)
1877. We certainly had no evidence, formal or otherwise, against the proposal to replan existing
areas, and whatever evidence we had upon this subject was favourable to the extension of power of control
over the areas already largely developed.
1878. The town-planning engineer for the Middle Ward District of Lanark called our attention
to the desirability of applying to areas already developed the more general provisions now being in-
serted in town-planning schemes, e.g. those provisions enabling the Local Authority, without paying
compensation, to limit the height of buildings, to secure proper space about buildings, to fix building
lines, to prevent building on back-lands, etc. The provisions could be gradually applied where build-
ing or rebuilding took place. (Ross Young, 43,312 (49).)
284 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1879. Unless the areas already built upon are capable of being reasonably controlled, we are of
opinion that the advantages that may potentially result from town-planning operations in suburban
areas and on the outskirts of populous districts will be seriously prejudiced. The restriction of the
building density upon the outskirts will tend to inflate the value of the land — if unrestricted — ^in the
central districts.
1880. This will be appreciated when it is remembered that whilst town-planning operations
usually restrict the intensity of building to about ten houses per acre, development under existing
regulations may be ten times that intensity even with a restriction of height — which is not statutorily
restricted — to four storeys.
1881. There are evidences in many cases already — even without the additional incentive to which
reference is made above — of cottages being demolished and in their place high tenements erected which
are in many cases not only bad in themselves, but which inflict considerable hardship on the owners
of the cottages and buildings of more open development already erected in the surroundings. This
undesirable process will continue unless the outskirts are rendered attractive to the builder, firstly, by
opening up by means of main arteries and cheap and rapid transit the open area upon the environs of
a populous district ; and secondly — in order to remove unfair competition and the incentive to make
housing conditions even worse than at present, — ^by imposing suitable restrictions upon the interior.
We are satisfied that the whole interior in many quarters, both in burghs and in populous landward
districts, where development is unsatisfactory, where there are narrow streets and courts, where the
sanitary and other conditions are not all that could be desired, should be replanned, so that upon any
alterations being made such alterations shall conform to a prescribed remodelling. This should not be
done under circumstances which have obtained in the past, whereby owners have profited enormously
by their ownership of slum property. The existing deterrents to the clearing and replanning of these
areas should be removed by the adoption of certain principles which should govern, inter alia, the follow-
ing important factors in the question, viz. : —
Rehousing of the dispossessed ;
The Acquisition of Land ; and
Compensation to Owners.
Rehousing op the Dispossessed.
1882. By section 11 of the Housing Act, 1890, it is provided that an improvement scheme shall,
if the confirming authority so require (but it is not otherwise obligatory), provide for the accommodation
of such number of those persons of the working classes displaced in the area with respect to which the
scheme is proposed in suitable dwellings to be erected in such place or places, either within or without
the Umits of the same area as the confirming authority, on a report made by the officer conducting the
local inquiry, may require. The requirement, therefore, is not that the dispossessed should be rehoused
within the limits of the area cleared or in the vicinity thereof. Suitable houses might be provided in the
outskirts of the town if, in the circumstances of the case, that course were deemed desirable. The pro-
vision of the houses must, however, be for a number of the working-class householders displaced. If,
in any particular instances, it were considered that the situation was capable of being best met by the
provision of suburban houses for families other than those actually dispossessed, that might be done,
but no legislation is necessary, because the confirming authority, in the circumstances, would refrain in
such a case from requiring any provision for the accommodation of the displaced.
Acquisition op Land.
Compensation to Owners.
1883. We deal with these subjects in Chapter XXIV.
Compulsory Town Planning.
1884. It was submitted to us in evidence that all urban authorities should be required to prepare
town-planning schemes within a stated period, and that this obligation should apply also to those rural
areas m which cottages are likely to be built or in which new arterial roads are needed. (Aldridge,
41,776 (20)-(64).) The case for compulsory planning, as submitted to us, may be stated shortly
thus : —
The advantages to be obtained from town planning are so great and so obvious, whilst the
defects which arise from development under existing regulations are so bad and so obvious, that
Local Authorities ought to be compelled to take advantage of the powers of improvement which lie
to their hand in the form of the Town Planning Act. {Ibid., ff. also 41,784-7.)
1885. With the advantages which may result we are in general agreement ; we also realise fully the
defects of development which may and do accrue from mere compliance with existing regulations. At
the same time we have grave doubts whether a universal compulsitor of the nature proposed upon Local
Authorities is practicable — at least in the near future.
1886. In many of the rural and in Highland areas, including the small burghs situated therein,
the building of houses is carried out on a very limited scale, and, even though this is increased consider-
ably in the near future, consequent on the recommendations in this Report, we do not consider town-
planning, in the generally accepted sense of the term, will be necessary in such cases, having regard to our
recommendations elsewhere that, in the absence of a town-planning scheme, the approval of Local
Authorities should be required to the sites and lay-outs of houses, including the height and character
of the buildings.
1887. We are of opinion that the central authority should take every opportunity to bring the town-
planning movement and its advantages prominently before Local Authorities, and, so far as practicable
REPORT. 285
and desirable, to get each Local Authority to set up a properly organised town-planning department.
This local to vm -planning department — like the central department, to which reference is made later —
ehould be fully equipped both from the administrative and the technical aspects. We make recom-
mendations elsewhere for unification of certain administrative areas for public health and housing.
1888. While the Local Authorities of many of the more populous areas are alive to the advantages
of town-plaiming schemes, and have such schemes in. preparation, and while we have no doubt that as
the advantages of town planning come to be appreciated by Local Authorities generally, more schemes
will be prepared — nevertheless, although we do not consider it practicable to recommend that Local
Authorities generally be required to prepare town-planning schemes, we do consider that some more
direct method of compulsitor than that by application to the Court of Session, at present embodied in
the Town Planning Act, section 67 (6), should be in the hands of the Local Government Board.
Accordingly, we recommend that the Local Government Board should, at its own hand, have power
to require any Local Authority to prepare and submit a town-planning scheme for the whole of their
area, or for such part thereof as may be specified by the Board ; to adopt any scheme proposed by
owners of any land in a case where the. scheme ought to be adopted ; or to consent to any modifications
imposed by the Board ; and that it should be obligatory on the Local Authority to comply with the
requirements of the Board.
Amendments to the Town Planning Act.
1889. We have already discussed the general amendments that would be required for the purpose
of town planning in built-upon areas, and also in the matter of co-operation among Local Authorities.
We now restrict our observations to the question of the extent to which the Act needs amendment for
the purpose of facihtating operations thereunder as applied to the areas for which it is designed. In
considering what amendment is necessary, we have naturally sought very carefully for evidence of
defects that have already manifested themselves in the practical application of the Act to specific
localities. Therein we are bound to say that complaints of defects in the Act, and of difficulties in
applying it, do not appear to arise to any great extent from those who have troubled to apply their minds
to it seriously with a desire to operate it as it exists at present.
1890. The chief defect appears to be the delay that occurs during the period between the date of
application for authority to prepare a scheme and the approval of a scheme, i.e. the steriHsation period,
or the period during which there would appear, from a strict reading of the Act, an appreciable risk in
building anything within the area for which a town-planning scheme has been authorised to be prepared.
1891. In regard to land purchased by a Local Authority, Mr J. S. Nettlefold suggested that the
Act should be amended so as to enable Local Authorities the more freely to exercise their right of pur-
chasing land. His complaint»was that, imder the Act as at present, a Local Authority cannot purchase
land for the purposes of a town-planning scheme xmtil they have a scheme complete, so that the purpose
for which they desire the land may be known. His point, in short, waS that subject to the price proposed
to be paid by the Local Authority being reasonable, the purpose need not be specified. (42,821-3.)
1892. We heard in evidence from the Town Clerk of Dunfermline that the procedure required too
many notices. (Jack, 43,150 (17).) That is, however, more a question of procedure regulations than
of amendment of the Act, and we deal with that subject under a separate heading.
1893. The same witness, in his evidence, explained that he shared the view originally held by most
representatives of Local Authorities in Scotland, that the 1909 Act would not be satisfactorily applied
in Scotland, in that it was designed to meet English conditions and then appUed to Scotland. He ^elt
compelled to say, however, from an intimate knowledge of the working of the Act, that his fears have not
been realised ; and he proceeded to say : " Generally speaking, the Act has been foimd in practice to
' work without much difficulty." (Ibid., 43,150 (2) (3) (7).) He considered that operations would be
•even more satisfactory if they could, in the first instance, settle definitely on the main roads and the
main features and leave the remainder to be fiUed in subsequently. (Ibid., 43,150 (21).) This de-
siderated condition, we think, does already apply, and we are strongly of opinion that schemes should
be framed upon these general lines. We refer to this more fully under the subheading " Contents or
Provisions of a Town-Planning Scheme." (See Paragraphs 1847-1859.)
1894. In evidence by Mr Ross Young, who has also had considerable experience in the operation of
the Act, he explained that town-planners were well pleased with the Act. (43,452.) " As time goes
' on," he said, " we will see where improvements can be made, but we are not yet in a position to suggest
' any amendment." (Ibid.) He thought that more experience in the actual working of the Act was
required, before amendments could be suggested. With regard to procedure regulations, he observed :
" We think that the procedure regulations are somewhat irksome, and might with advantage be
' simplified." (43,453.)
1895. Nevertheless, we understand that Local Authorities generally are perturbed at the delay which
occurs in the early stages of town planning. Section 54 (2) provides that the Local Government Board
may authorise a Local Authority to prepare a town-planning scheme if the Authority satisfy the Board
that there is a prima facie case for making such a scheme.
1896. This requirement is represented as one of the most serious causes of delay in promoting town
planning. If the procedure regulations giving effect to it are referred to, it will be observed that
several months must necessarily be occupied before authority to prepare is given. Presumably the pro-
vision is intended to secure that every interest will be duly notified and informed at the earUest stage
that a town-planning scheme is proposed for a particular area, for, under this stage of the procedure,
advertisements require to be made and conferences require to be held with owners and others interested.
It may at once be said that, in practice, this stage of procedure does not, and cannot, serve any useful
purpose. The proposal at this particular stage simply consists of the submission of a plan showing the
area proposed to be planned. No details of the projected scheme are shown : none are required : the
Local Authority do not know what their scheme may be ; and they cannot, therefore, and are not re-
quired to, inform owners and others of any detailed proposals affecting their lands or interests.
286 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Experience has shown (1) that no benefit or protection is secured to anyone by having this stage of
procedure ; and (2) that no one would suffer by its ehmination.
1897. (Section 54 (4) of the Act of 19uy provides that if, within twenty-one days of the publication of
the intention of the Local Government Board to approve a scheme, any person or authority interested
objects, the draft Order shall be laid before each House of ParUament for a period of not less than thirty
days, during the session of Parliament ; and if either of these Houses, before the expiration of those thirty
days, presents an address to His Majesty against the draft or any part thereof, no further proceedings
shall be taken thereon. ^
1898. We consider that this is an unnecessary proceeding. The interests of all persons and authori-
ties are amply protected throughout the various stages, and it is suggested that the decision of the
Board (as arbiter), after parties have been fully heard, is adequate and all that is necessary. It should
be remembered (1) that compensation is payable to any person whose property is injuriously affected by
the making of a town-planning scheme ;'and (2) that a town-planning scheme is very much a matter
of local interest and detail, and not well suited to the consideration of the legislature. Reference might
be made to the procedure followed in connection with the formation of special districts imder the Pubhc
Health Act. If the retention of certain rights were desired by Parhament, it is suggested that this is
sufficiently conferred under section 55 (2), where they are entitled to review any proposal suspending any
enactment contained in a pubhc General Act.
1899. Possibly the appeal to Parhament would not often be used, and would seldom or never
prove effective, and the opportunity for creating trouble and delay in this manner should, we think, be
abohshed.
1900. There is one matter requiring urgent amendment at the present time, viz. that which relates
to the sterihsation of the area affected from the date of apphcation for authority to prepare a scheme.
This is a point of some importance, and unless the defect is remedied the full benefit of the Act is not
hkely to be reahsed.
1901. Under section 58 (2) of the Act of 1909, no person is entitled to obtain compensation on
account of any building erected on or contract made with respect to land included in the scheme after
the time at which the application for authority to prepare a scheme is made, or after such other time as
the Local Government Board may fix for the purpose. The Local Government Board have exercised
this power to assist Local Authorities. In these cases they have fixed a date anterior to that from which
claims for compensation would have ceased under the provisions of the statute. The result of the pro-
vision in the Act is that any person who desires to erect buildings of any description within a town-
planning area must do so always subject to the risk of having to demohsh these buildings at a later date
without any compensation. That, of course, is a very serious aspect, and does tend to prevent the
erection even of .workmen's dwellings, which are at present a clamant necessity. A town-plamiing
scheme may get through its various stages within twelve months, but tinder existing conditions (in-
cluding the fact that the staff of the Local Government Board have been called upon to undertake
work in coimection with the war, and town-plaiming work has in great measure had to be suspended) land
has been sterihsed for a period of several years, ddeed, it became necessary, so far as the Rosyth area
of Dunfermline was concerned, to pass an Emergency Act in 1915 by which it became possible to erect
with safety dwellings for Government employees within the town-planning area, pending the approval of
the town-planning scheme.
1902. There are certain means whereby the embargo imposed during this period of sterilisation may
be removed. One means would be by the Local Government Board post-dating, instead of ante-dating,
for the purpose of compensation. That would have the effect of hberating the land for building pur-
poses, with no other restrictive provisions than had previously existed. It would most probably tend to
accelerate the activities of the Local Authority who were preparing the scheme. At the same time,
such an alteration might result during this period in development which would not conform with the town-
plaiming ideas of the Local Authority.
1903. In the Middle Ward of Lanarkshire, the experience of Mr Ross Young was that this period of
ateriUsation was not so serious in practice, and he proceeded to say : —
We have never had to hold up any plans of buildings presented to us for approval to be erected
within a town-planning area. Immediately we get power from the Local Government Board to
town plan an area, we lay down our skeleton plan, and from that time onward we feel we are in a
position more or less to know whether any plans submitted to our committee for their approval will
be in accordance with the scheme. So far we have had no difficulty in approving of any legitimate
plans that have been submitted. (43,318.)
The same witness mentioned one case where a considerable number of houses had been erected in accord-
ance with the provisions of the Local Authority's draft town-planning proposals. (43,312 (8).)
That, of course, is a common-sense way out of the difficulty. If an owner desires to build something
which the Local Authority approve as being conform with their intentions and proposals, it is difficult to
see that there is any real risk whatever in the matter. The draft scheme will, of course, need to be con-
sidered by the Local Government Board, and any objections thereto will also receive their consideration.
They may then approve the scheme, with any modification that they may think desirable, and subject to
such conditions as they may think fit to impose. 'These modifications and conditions might conceivably
be such that the buildings erected under arrangement with the Local Authority constituted a contra-
vention of the scheme. That contingency would suggest — in order that buildings of approved types
might proceed with safety — that the Local Government Board should also concur in the agreement
between the Local Authority and the owner or builder. The difficulty of that course is that, strictly
speaking, the Local Government Board could not give their approval, as they will need to consider the
scheme judicially when it comes before them.
1904. Having regard, however, to our proposal for the elimination of the first stage of procedure, we
think that the situation should now be met in this way, viz. that a Local Authority should pass a re-
solution immediately they had decided to prepare a scheme for an area, to the effect that they were to
! REPORT. 287
prepare the same, and at once transmit a copy to the Board, the date of the resolution to be the date
from which the section would operate. Even if this were not considered a sufficient substitute, there
would not be serious objection to the date for the operation of the section being fixed as the date when
the scheme was first formally submitted to and adopted by the Local Authority. Having regard to the
fact that schemes of a fairly general character may now be propounded {vide the opinion of the law
oflScers of the Crown, and previously referred to), schemes could, we think, be prepared in a very short
time. Even under present conditions a Local Authority, when it decides to make apphcation for
authority to prepare a scheme, must have a fair general idea of what its scheme is to be, otherwise its
application cannot be considered as other than nebulous and unsubstantial.
1905. A minor but useful amendment of the town-planning scheme would be a provision that, as
regards Scotland, notices requiring to be served upon owners within any area which is being made the
subject of a town-planning scheme would be sufficiently served if addressed and posted to the owners
as appearing in the Valuation Roll for the time being ; and further, that the approval of the Local
Government Board to a town-planning scheme would be held de facto and de jure to infer that all
necessary preliminary procedure and notifications had been duly and regularly carried through and
given.
1906. There appear also to be a few matters more of drafting and interpretation than of principle
which may receive attention in the event of review of this Act. They are not, however, of sufficient
importance to need special mention by us, and arise out of the apphcation to Scotland of an Act designed
in Enghsh terms.
Procedure Regulations.
1907. By section 56 of the Act, the Local Government Board are empowered and required to make
regulations to govern the procedure to be adopted with respect to the applications for authority to pre-
pare and for obtaining the approval of a town-planning scheme. It is required that provisions shall be
made by these regulations for certain purposes mentioned, which include the securing of co-operation on
the part of the Local Authority with owners and others interested, by means of conferences and such other
means as may be provided by the regulations ; and also for securing that notices of the proposals to
prepare a scheme should be given at the earhest stage to any council interested in the land. Regula-
tions are also required to be made for deahng with matters mentioned in the fifth schedule to the Act.
1908. As authorised, the Local Government Board have made regulations for securing the co-opera-
tion desired, and for giving the requisite notices. They have not yet prepared regulations dealing with
the very important and comprehensive matters referred to in the fifth schedule.
1909. We have considered carefully whether or not amendments are desirable, to the Scottish pro-
cedure regulations, and have concluded that the Central Authority might with advantage take into
consideration the amendment of their procedure regulations.
1910. The general amendments which we consider desirable are the following, viz. : —
Procedure anterior to and for the Purpose of an Application for Authority to Prepare a Schmne.
(a) The number of advertisements of intention to make apphcation to the Board should be reduced.
(6) The present requirement for a pubhc meeting of owners and others interested, " for purpose of
' considering the proposed scheme," should be excised.
There is at this stage no scheme at all, and frequently this meeting is more hkely to create friction
than to render assistance. The respective owners should be conferred with separately, of which arrange-
ment intimation should be given in the initial advertisements.
(c) The information at present required upon maps to be submitted to the Board is too extensive.
It should be optional on the part of the Local Authority to show any proposed works at all.
{d) The number of maps required might, with advantage, be reduced.
(e) The information with reference to the estimated cost of a scheme — ^for which authority to
prepare is sought — seems difficult to supply. The article requiring this and a considerable amount
of statistical information might, with advantage, be amended,
[The suggestions under this head will not be applicable if our recommendation, that a Local Authority
should have power to frame a town-planning scheme without prior approval of the Local Government
Board, is given effect to.]
Procedure during and after the Preparation of a Scheme and after the Approval of a Scheme.
1911. Operations under this section of the regulations have not been been very extensive. Hence
the same demand has not arisen for amendments in this section as have arisen with regard to Part I. — ^the
section already dealt with.
(a) Firstly, it is suggested that some simplification would result from not separating the regulations
into two parts, but from allowing the numbers of the articles to run consecutively throughout.
In this part of the regulations similar criticism of the existing regulations may be offered, viz. : —
(b) Too much detail is required by the maps, e.g. the proposed lines of sewers, water mains, gas
and electricity mains.
(c) Too many notices are required, e.g. upon lessees and occupiers, irrespective of the term of
occupation. (In his evidence the Town Clerk of Dimfermlrne explained that his Local Authority had
served " two thousand notices, and not a single occupier came forward except one, who was an owner."
(Jack, 43,221). They had not a single representation from a lessee or occupier.)
(d) The formal meeting of the Local Authority to consider objections might be dispensed with.
There is not, however, the same objection to this meeting when the scheme has been piepared as there
is when no specific proposals can be put before those attending the meeting. At the same time, we
consider that after all has been done that is possible by private and informal conferences to meet the
views of owners, the position is not hkely to be improved, probably the reverse, by a formal and public
meeting at which discontent and discord may arise. The objections of owners will have been received
288 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
by the Local Authority, who will need to send copies to the Local Government Board, and in due course
the objecting owners will have an opportunity of stating their objections to the Board.
1912. Generally, we are of opinion that the complaint as to procedure regulations being imnecessarily
exhaustive has some foundation. We consider that the Central Authority could with advantage revise
these regulations in such a way that, whilst they will comply with the requirements of the Act, they
will render operations thereunder more simple and less expensive.
Need for a Strong Central Authority.
1913. We have throughout been particularly impressed with the necessity of having a strong and
properly equipped Central Authority. In view of the extent to which housing and town-planning
matters will predominate after the war, and having regard to the need for special concentration on
the subject at the instance of the Central Authority, and the importance of a close and constant connection
and siu-vey being maintained throughout the country, we consider that it is imperative the Central
Authority should be enlarged as regards the number of its members, and that such additions as are
necessary should be made to ^e technical and clerical staff in order adequately to secure that both the
Board and the staff will be able to overtake speedily and effectively the vast work which will be thrown
upon them. As regards the Central Authority, we consider that at least two additions should be made
to the Board, and that particular regard should be had to the personnel of the persons to be appointed,
so that outstandingly capable persons, quahfied and skilled as regards their knowledge of the housing
conditions and the housing and town-planning laws of Scotland and their administration, will be
appointed. Upon those new members of the Board will devolve work of the very highest importance,
and it is necessary to the success of housing and town planning that the greatest care should be exercised
in securing the best possible nominees. We suggest that the new members should be placed in the same
position and have the same status as the present members of the Board, and that while that is so they
should primarily be charged with the care of housing and town planning, and it should be made a first
call upon their time.
Summary of Eecommendations and Suggestions in Chapter XXVII.
(1) That the Housing and Town Planning, etc., Act, 1909, should be amended and extended somewhat
in the manner aftermentioned, so as to provide : —
(a) That it shall not be necessary, notwithstanding the provisions of the Act, and particularly
the provisions of sections 54 (2) and 56 thereof, for the Local Government Board, as a
preHminary to the preparation of a town-planning scheme by a Local Authority, to
authorise a Local Authority to prepare a to^vn-planning scheme, or for a Local Authority
to satisfy the Board that there is a prima facie case for making such a scheme, or for
such procedure being reqiiired anterior to the preparation or adoption of a scheme ; but
in lieu of such provisions and requirements a Local Authority may prepare or adopt a
town-planning scheme with reference to any land within or in the neighbourhood of
their area, and having passed a resolution adopting the same, may thereupon (or after
such advertisement and such conferences with oAvners or others interested, or otherwise
as the Board, by the regulations hereinafter referred to, may prescribe) submit the
said scheme to the Local Government Board, who shall consider and deal with the same
under and in terms of the provisions of the Act and of the regulations to be made as
aforesaid. (Paragraphs 1896 and 1904.)
(6) That the Local Government Board shall make all necessary amendments upon their regula-
tions for regulating the procedure to be adopted with respect to town-planning schemes
prepared or adopted under the provisions of the Act. (Paragraphs 1910-1912.)
(c) That the proviso to section 54 (4) of the Act, viz. : —
Pi'ovided that, before a town-planning scheme is approved by the Local Government
Board, notice of their intention to do so shall be published in the Edinburgh
Gazette, and, if within twenty-one days from the date of such publication any
person or authority interested objects in the prescribed manner, the draft of the
Order shall be laid before each House of Parliament for a period of not less than
thirty days during the session of Parliament ; and, if either of those Houses before
the expiration of those thirty days presents an address to His Majesty against
the draft, or any part thereof, no further proceedings shall be taken thereon,
without prejudice to the making of any new draft scheme,
should be repealed. (Paragraphs 1897 and 1898.)
{d) That Local Authorities should be clearly and definitely empowered to replan areas already
wholly or partially built up which are unsatisfactory on accoimt of their age, their initially
imsatisfactory planning, or which are of an insanitary or unhealthy kind. (Paragraph
1874.)
(e) That in order to secure co-operation amongst the various Local Authorities, an addition
should be made to section 56 (2) of the Housing, Town Planning, etc.. Act, 1909, as
follows : —
Without prejudice to the foregoing provisions and to the provisions of section 55 (3),
the regulations hereinbefore referred to may also make provision requiring Local
Authorities to confer and co-operate for the purpose of preparing joint schemes
(a) in cases where more than one Local Authority have made application for
, authority to prepare a town-planning scheme for the same area or for part of
the same area, and (6) in cases where application is made by different Local
Authorities for authority to prepare town-planning schemes for areas adjoining
each other, and which by reason of the contiguity or relationship of such areas to
each other or for any other reason it would, in the opinion of the Board, be desirable
they should be dealt with together. (Paiagraph 1868.)
REPORT. 289
(f) That notice requiring to be served upon owners within any area whicli is being made the
subject of a town-planning scheme should be held to be sufiSciently served if addressed
and posted to the owners as ippearing in the Valuation Roll for the time being ; and,
further, that the approval of the Local Government Board of a town-planning scheme
should be held dejado and de jure to infer that all necessary preliminary procedure and
notifications had been duly and regularly carried through and given. (Paragraph 1905.)
[All necessary and consequential modifications of the statute should, of course, be enacted in order
to give efEect to the foregoing suggested amendments.]
(2) (a) That the Central Authority should be enlarged as regards the number of its members, and
that such additions as are necessary should be made to the technical and clerical staff in order adequately
to secure that both the Board and the staff will be able to overtake speedily and effectively the vast
amount of work which will be thrown upon them in connection with housing and town planning.
(Paragraph 1913.)
(Note. — It is suggested that two members be added to the Board, who will be primarily charged
with the care of housing and town planning.)
(3) That the Local Government Board should encourage the preparation of schemes of a very simple
nature, it probably being sufficient for such schemes to provide definitely as follows : —
(a) Main roads and widening of existing roads,
(6) The definition, as far as possible, of land units— preferably by physical or ownership
boimdaries.
(c) The prescription, as far as practicable, of the number of houses per acre for each land unit.
{d) Provisions for the relaxation of present building regulations in order to cheapen building
and development, for instance, —
(1) The grading of width and strength of streets to meet future weight and volume
of traffic.
(2) Lowering of the present required height of ceilings, permitting hollow brick walls,
tile-hung walls, and new materials such as concrete blocks and slabs.
(3) Removal of necessity to carry party walls through roofs, the permitting of
combined drains, etc.,
and that Orders should thereafter be issued by the Local Authority, with the approval of the Local
Government Board, which should deal with and prescribe in detail for each area as and when it became
ripe for development ; and further, should contain such modifications or amphfication of the principles
• contained in the scheme as the local circumstances at the time of development may require. (Paragraphs
1854 and 1858.)
{Note. — It will be kept in view that under the provisions of section 54 (6) a town-planning
scheme may be varied and revoked by a subsequent scheme ; consequently, even if
a scheme is of the open character, and has the full measure of elasticity suggested in
above recommendation, such scheme could be amended should it become undesirable
or obsolete on account of extraordinarily changed circumstances and conditions.)
(4) That while, for the reasons set forth in this chapter, we do not recommend the introduction of
universal compulsory town planning meantime, we do recommend that the Local Government Board
should — without requiring to have recourse to the Court of Session — ^have at its own hand power to
require any Local Authority to prepare and submit a town-planning scheme for the whole of their area,
or for such part thereof — built or unbuilt upon — as may be specified by the Board ; to adopt any scheme
proposed by owners of any land in a case where the scheme ought to be adopted ; or to consent to any
modifications imposed by the Board ; and that it should be obligatory on the Local Authority to comply
with the requirements of the Board. (Paragraph 1888.)
CHAPTER XXVIII.
POWERS OF PUBLIC WORKS LOAN COMMISSIONERS.
1914. In Chapter IV. we have suggested that the funds at the disposal of the PubUc Works Loan Com-
missioners should be increased so as to enable them to grant loans for all the purposes of the Housing Acts.
We have also, in the same chapter, suggested that in regard to loans obtained by public utility societies
the Local Government Board and not the Office of Works should be consulted by the Loan Board before
the loan is granted.
1915. In this portion of the Report we propose to make some general observations on the policy of
the Loan Board in regard to the granting of loans for housing purposes. The conditions governing the
granting of loans by the Board are set out in Appendices CLXXX.-CLXXXIIL, being rephes to certain
queries put to the Board by us. One of these queries related to the interpretation put by the Board on
the expression " working classes " in granting loans xmder the Housing Acts.
Definition of Working Classes.
1916. As will be seen, the Pubhc Works Loan Commissioners are of opinion that a ffiir construction
to be put upon the term " working classes " would include the following :—
Mechanics, artisans, miners, and skilled or unskilled workmen, or labourers, working for
wages ; hawkers, costermongers, and persons not working for wages but working at some trade
or handicraft without employing others, except members of their own family, and persons other
19
290 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
than domestic servants, whose incomes from all sources do not exceed the sum of £2 a week,
and the families of any such persons who may be residing with them. (Appendix CLXXXIII.)
This definition is adopted from the schedule to the Housing of the Working Classes Act, 1903, as
modified and made applicable to Scotland by the third schedule of the Housing, Town Planning, etc.,
Act, 1909. Two alterations have, however, been made ; as the words " miners and skilled or unskilled
' workmen " did not appear in the original definition, and the words defining the income hmit were
" whose income in any case does not exceed an average of 30s. a week."
1917. In view of the rise in the price of commodities, we think that, to enable Public Authorities
to proceed with schemes, the definition of " working classes," as above set forth, should be extended,
80 far as income is concerned, to persons whose incomes do not exceed £200 per annum, or such larger
sum as may from time to time be fixed by the Central Authority. We suggest this power to the Central
Authority to give elasticity to the income standard to meet changing circumstances. We think that
it would also be of advantage that the Public Works Loan Commissioners, on the advice of the Local Govern-
ment Board, should have power to advance monies to Public Authorities for houses to be provided for
persons whose incomes exceed that amount — this to enable a properly planned housmg scheme to be
carried through. It is obviously inexpedient to segregate classes in any such scheme, and this might be
the result if it were rendered impossible for the Public Works Loan Commissioners in any circumstances
to grant loans to PubUc Authorities for housing persons whose incomes exceed £200, or such other sum
as may be the standard for the time.
Control of House Rents.
1918. In reply to a query as to the control exercised by the Loan Board over the rents of houses
included in a housing scheme, for which a loan was applied, the Board, it was stated, do not in the case
of schemes promulgated by Local Authorities exercise any control —
As long as the balance-sheet submitted with the application for the loan shows that rents
to be charged will be sufficient to meet all the outgoings, with the exception of the repayments
of jyrincipal, which may be allowed to fall on the rates, and need not necessarily be met out of the
rents. The payments of interest must be met out of the rents with all the other outgoings. As
long as this condition is complied with, the Board do not interfere with the rents to be charged, but,
if this condition is not complied with, the rents must be increased sufficiently to comply with it,
or the loan must be obtained from some other source. (Appendix CLXXX. (7).)
We refer to Paragraph 1988 for our recommendations in regard to control of rents charged by Local
Authorities.
1919. As regards the control of the Loan Board over rents to be charged by borrowers other than
Local Authorities, the Board inform us that —
The rents proposed to be charged are submitted to this Board, who satisfy themselves that
they are such as could be paid by persons (in the particular locality for which the scheme is pro-
posed) coming within the definition of the term " working classes " adopted by the Board. Wlien
those rents are approved, a covenant is inserted in the mortgage to the effect that they must not
be altered without the approval of the Board, during the currency of the loan. After that this
Board have, obviously, no control over them. (Appendix CLXXX. (7) (6).)
1920. In this connection Mr Vivian (of Copartnership Tenants, Ltd.) stated that he thought that,
owing to the number of claims made upon the Loan Board, their supervision over rents to be charged
was becoming more strict. He mentioned £26 a year, or 10s. a week, as the maximum rent upon which
advances were given (c/. Boyd Auld, 39,984), and he added that the Board would insist on a certain
proportion of the houses being provided at lower rents. Thus, if the maximum were 10s. a week, they
would insist on a certain number at a lower figure, say 8s. 6d. He said fvuiiher : — " You must send in
' the rents that you are proposing to charge, and you are not permitted to raise them without written
' consent. In London they would advance on a bigger maximum than they would, say, in the Midlands,
' but they would object to your building all your houses of that maximum." (Vivian, 40,571 (46),
40,675-9.)
Administrative Financial Control.
1921. On the subject of finance and financial administration, we note a proposal of the Minority
for the estabUshment of a separate temporary financial board for the granting of loans. We cannot
approve of this proposal. We are anxious for a simple, effective procedure, and we fail to see the neces-
sity for the establishment of such a board as the Minority contemplate.
Local Government Board to advise Public Works Loan Board as to Loans and Treasury as to Chants.
1922. We are convinced that the Local Government Board, increased and strengthened in the manner
suggested in this Report, working in conjunction with the Public Works Board as the lending department
and the Treasury as the department whose approval would be necessary to any grants, are quite capable
of rmdertaking the work we propose to put upon-fhem. To set up another Board, even for a temporary
period, is simply providing opportrmity for unnecessary delay and complication, and would, in our view,
hamper the efforts of the central administration. Our colleagues in the Minority state that the proposed
temporary Board would apportion grants or loans among the various Local Authorities, etc., and that
the Local Government Board would retain full control through its inspectors on the town-planning,
constructional, and architectural side. The position imder their proposals would therefore appear to be
that the Local Government Board would require to consider carefully the full details of every housing
scheme put before them, including the estimated cost thereof ; having done so, and adjusted all details
with the promoters, the Local Government Board would then require to pass the scheme on to the new
Financial Board, who, in their turn, to enable them to advise as to loans or grants, would require to go
REPORT. 291
into the whole details again. It is not clear to us that there is anything that the new Board could do
that cannot equally well be done at present by the Public Works Loan Board or the Treasury. In our
view, the Local Government Board, with its staff of experts and with its knowledge of local conditions, would
be better able to determine what the loans or grants should be than a Board selected for financial pmposes
only, with no staff to advise them in regard to the planning and constructional aspects of the subjects
put before them. Under our proposals the Local Government Board, after having gone fully into the merits
and finances of any housing scheme submitted to them, would recommend to the Loan Board the granting
of a loan to be repaid in a specified number of years, and to the Treasury for approval the giving of a grant
tmder any specified conditions. There would thus be obviated the necessity for the establishment of a
new and separate and admittedly temporary department.
1923. Generally, we think that the proposal of the Minority under discussion would introduce dual
control or division of interest in an important matter, and this would be a great mistake. Differences
would be introduced, and expedition (which is so much desired) would not be assured.
Summary of Recommendations and Suggestions in Chapter XXVIII.
(1) That the Public Works Loan Commissioners, on the advice of the Local Government Board,
should grant loans for the purpose of erecting houses for the working classes, as defined in Paragraphs
1916 and 1917, and for persons whose incomes from all sources do not exceed £200 a year, and the families
of any such persons who may be residing with them. (Paragraphs 1916 and 1917.)
(2) That the Public Works Loan Commissioners, on the advice of the Local Government Board,
should be entitled, on cause shown, to grant loans to Public Authorities for the erection of houses, part of
a housing scheme being carried out by a Public Authority, for persons whose incomes exceed £200.
(Paragraph 1917.)
CHAPTER XXIX.
HOUSING POLICY.
Introductory.
1924. The housing problem is not of recent origin. It is now in a highly acute stage, but it had
reached that stage a good number of years ago. The importance of its solution has been emphasised
by two facts : first, the large increase in our urban population, as the result of the great industrial
expansion of the last half century; and second, the rise in the interest rate and in the cost of building
materials, which were serious items in the problem before the war, and which war conditions have made
even more serious.
1925. The problem began to be urgent about the beginning of last century, but it was only
when the overcrowding in the towns and cities became too great to be safely ignored that the question
forced itself prominently upon public attention. Li the report published in 1842 of the Poor Law
Commissioners on the sanitary condition of the labouring population, there was some striking evidence
on the question of overcrowding. This report attracted considerable attention. It was at this time
that Lord Shaftesbury (then Lord Ashley), who was one of the earliest pioneers of the movement for
prevention of overcrowding, warned the country in Parliament of a coming social catastrophe if reform
was not effected.
1926. In 1855 the Dwelhng Houses (Scotland) Act was passed. It was entitled " An Act to Facihtate
' the Erection of Dwelling Houses for the Working Classes in Scotland."
1927. In 1851 Lord Shaftesbury passed through Parliament a Common Lodging Houses Act and
Labouring Classes Lodgings Act, which, however, did not apply to Scotland till, by the Housing of the
Working Classes Act, 1885, power was given to Local Authorities in Scotland to adopt said Acts. It is
interesting to note, however, that, in giving evidence before the Royal Commission of 1884, Lord Shaftes-
bury stated that the Acts referred to had never been carried out, and that he thought he was the only
Englishman who ever knew of their existence. In 1856 there was passed a Nuisance Removal Act..
1928. In 1850 an Act was passed dealing with sanitary conditions and public health in the burghs
of Scotland, and in 1862 an Act, termed the General Pohce and Improvement (Scotland) Act, 1862, was
passed. This latter Act was the forerunner of the Burgh Police Act of 1892.
1929. In 1867 was passed the great Charter of Public Health, viz. the PubHc Health (Scotland)
Act of that year; and in 1868 the burghs of Scotland obtained the Artisans and Labourers Dwelhngs
Act. This Act, which was amended in 1879, provided for the gradual improvement and demolition
of the dwelhngs of the working classes and for the building and maintenance of improved dwellings.
1930. Next in date. Parliament passed the Artisans and Labourers Dwelhngs Improvement (Scotland)
Acts of 1875 and. 1880.
1931. Notwithstanding all the legislative attempts to deal with the housing of the working classes,
as typified in the Acts of Parliament above referred to, it was found that although improvements had
taken place in some ways, the condition of matters was generally getting worse, particularly in regard
to overcrowding. Accordingly, in the year 1884 a Royal Commission was appointed to inquire into
the whole conditions of the housing of the working classes. Reference is made to the evidence before
that Commission. It dealt very fully with the housing conditions in England, but it did not make any
exhaustive inquiry in regard to the conditions in Scotland. Sufficient, however, was put on record
to show that the housing conditions in Scotland at that time were very bad. It was clear from the
findings of the Commission that in spite of all previous efforts in the course of forty or fifty years the
evils of overcrowding were a pubhc scandal, and were becoming in certain locaUties more serious than
they ever were. In 1885 there was passed a Housing of the Working Classes Act, and the Report of
the Commission eventually resulted in the passing of the Housing of the Working Classes Act, 1890.
292 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
This latter Act explicitly repealed all previous Housiug Acts, and gave full powers for providing healthy
dwellings for the workers, and removing anything that might be dangerous or injurious to health. Then,
in 1897, another great Public Health Act was passed for Scotland, and in 1900 and 1903 Housing
Amending Acts were passed, but these were not applied to Scotland until 1909, in which year the Housing
and Town Planning Act was passed.
1932. In face of all the legislative attempts to solve the question, the housing conditions of Scotland
were, in the beginning of this century, little, if any, better than they were fifty years before ; in some
ways they were worse. In many areas they were worse because of the inevitable overcrowding resulting
from the influx of rural dwellers into the towns, the result of the industrial revolution which had been
going on for fifty years, and because the building of healthy houses had not kept pace with the increase
in the population. Private enterprise had prior to the war almost completely ceased to provide working-
class houses. That these general statements are correct is sufiiciently vouched by the institution in
1912 of this Commission. The Commission was the result of a growing discontent, which found organised
expression in the large industrial areas, more especially the mining districts. But the discontent was
not confined to those areas. The gradual and continual depreciation of the old houses in the country
districts was stirring the rural workers and generating its own forms of expression and agitation. How
widely spread the discontent is, both in the active industrial areas and in the relatively unorganised
rural areas, the evidence shows in convincing detail. The moment an opportunity was ofEered witnesses
came forward from all classes of the working community. This alone shows how deep-set the desire
for improved housing now is.
OVEBCROWDING.
1933. We have, we think, estabhshed our proposition that the housing problem is not recent. We
desire to state very shortly the present position. As stated in Chapter XII., Paragraph 720, there were,
in 1911, 1,005,991 people in Scotland — or almost a quarter of the total population — living in overcrowded
conditions, if we take more than three persons in a room as our standard. That standard is itself one
that perhaps can hardly be recommended as securing healthy or comfortable conditions. In England
the standard of overcrowding adopted in the Census returns is more than two persons per room. It is
true that in England the rooms are on an average about 20 per cent, smaller than the rooms in Scotland ;
but overcrowding is not a matter of cubic space alone. The question of domestic overcrowding is equally
important. If, as many people would think, a standard of overcrowding of more than two persons per
room is a moderate and reasonable one, the result of applying this standard to Scotland would be that
there are Hving in overcrowded conditions in Scotland 2,077,277 people, or 45-1 per cent, of the total
population. From the Census of 1911 we find that, out of 1,010,531 inhabited houses, 744,392, or 73-5 per
cent, of the total number of houses, were houses of three rooms and under, and in these houses 3,287,540
people (or 69 percent, of the total population) lived. There were 539,084 houses of two rooms and under
in which 2,281,405 people (or 47-9 of the population) lived. If it be assumed that practically the whole
working-class population and the small salaried man and the man with a small income live in houses
of three rooms and under, we find that something like 73 per cent, of the whole of these classes live in
houses of two rooms and under, many of these houses, be it noted, without any, or any adequate,
provision of sanitary conveniences or of scullery or food-storage accommodation. This is a highly
unsatisfactory state of matters.
Shortage of Houses.
1934. From the above statistics it will be understood that the estimate given of the shortage of
houses in Chapter III. is a moderate one. We estimate that 121,430 additional houses are required
merely to enable the nation to get rid of the overcrowding due to more than three persons to a room
and to take the place of the houses requiring instant demolition. In addition, we have estimated that
114,560 houses are required to take the place of 50 per cent, of the one-room houses and 15 per cent,
of the two-room houses — the percentages that, in our opinion, should disappear as soon as possible.
This demand we think very moderate. The fact is that, if the English standard of overcrowding of more
than two persons to a room were applied to Scotland, we should find that 695,842 people would be
dispossessed. This would increase the estimated shortage of houses very seriously.
Condition of Houses.
1935. Apart from overcrowding, we refer to the masses of evidence on the question of the bad
condition of a very large proportion of the houses both in town and country. This evidence has been
sifted by us and presented in considerable detail in Chapters VII., IX., X., XL, XII., XIIL, and XIV.
to XVIII.
1936. We do not propose to dwell further here on the many evils that result from the bad housing
conditions prevalent all over Scotland. It is beyond question or argument that the housing conditions
of the working classes throughout the country are at the present time wholly unsatisfactory. If any
one chooses to make an independent study of the evidence, he will find that our statement of the case
is moderate and restrained.
1937. We are driven to the conclusion that the sources and forces that were available for the pro-
vision of working-class houses had — and this quite apart from the difficulties which have been brought
about by the war — failed to provide anything hke a sufficiency of houses, and that in particular they
had failed to provide houses of a reasonable standard of accommodation and habitabihty. As we have
shown in this Report, sufficient legislative powers to build were granted to the Pubhc Authorities, but
these powers have not been exercised except to a very small extent. Private enterprise was practically
the only agency that undertook the building of houses, and most of the troubles which we have been
investigating are due to the failure of private enterprise to provide and maintain the necessary houses
sufficient in quantity and quality.
REPORT. 293
Responsibility fob Provision of Houses.
1938. In our investigations and discussions we have taken every means to discover the best methods
of providing the necessary number of working-class houses of good quality. The urgency of the problem
compels us to consider it in circumstances that necessarily involve the granting of State assistance.
The War Cabinet, we understand, have decided that such assistance shall be given. For the time being
the giving of such assistance necessarily excludes private enterprise in its ordinary form. To this point
we recur later. Meantime we have to consider the nature and probable extent of the obligations that,
in our view, the State mast accept so long as the commercial provision of satisfactory houses at pro-
fitable rents is impossible. We have come to the definite conclusion that for the boasing of the working
clksses the State must accept direct responsibility. But we are also of opinion that no satisfactory
programme of housing can be carried out unless a definite obligation is placed upon some person or
Authority to see that a sufficient number of satisfactory houses is systematically provided. It is im-
possible to place such an obligation on a private individual or a' private body of persons. From the nature
of the case the obligation must be placed either on a Central State Department or on the Local Authority.
The most convenient method, in our view, is that the State should impose the obligation on the Local
Authority. We are satisfied that in no other way can the shortage of housing be overtaken in a
reasonable time. Later, we suggest how the Local Authority should be related to the Central Authority,
and in what form the obligation to see that houses are provided can be made effective. Our proposal,
therefore, is that the State must at once take steps to make good the housing shortage and to improve
the housing conditions ; and it can only do so by or through the machinery of the Public Authorities.
It is true, as has been pointed out, that the Riblic Authorities have already been granted by Parliament
powers which, if exercised, would have resulted in a sufficiency of housing accommodation. These
powers in the 1890 Act were adoptive (and therefore optional merely), and it was not till the 1909 Act
that the legislature provided that the Central Authority, after an inquiry following on a complaint by
certain specified parties, could, if they saw fit, ask the Court of Session to direct the Local Authority
to exercise these powers. In point of fact, the larger Local Authorities had their housing energies
paralysed by the conditions imposed upon them when they sought to remove the plague spots in the
slams. They were mulcted in such enormous sums by way of compensation (in the case of Edinburgh,
for instance, something like £12,000 per acre of ground with derehct buildings), that they were deterred
from extending the sphere of their operations. Whatever be the cause, the fact remains that they did
not exercise their power, and, on the other hand, private enterprise, which was not in any way prejudiced
by competition from Public Authorities failed to provide the houses required.
1939. The Local Government Board, as we have said, when complaint is made to tbem from certain
specified parties, and when satisfied that the Local Authority have failed to exercise their power to erect
houses for the working classes in cases where it ought to have been exercised, have power to apply to the
Court of Session, who may, if they think fit, require the Local Authority to carry out the necessary
housing scheme. This is a circuitous and cumbrous procedure, and at the end there is no method or
machinery for enforcing any decree of the Court, except perhaps through a charge of contempt of Court
— rather an impracticable step in the case of Local Authorities.
1940. We think, as above explained, that in addition to their present optional powers. Local
Authorities should have a definite obhgation put upon them to provide or see that there are provided
for the working classes sufficient and suitable houses, otherwise housing in many areas will go from bad
to worse. If Local Authorities do not fulfil this obligation, the Local Grovemment Board should be
empowered on their own initiative and notwithstanding that they have received no complaint from any
public body or outside source to issue an Order requiring the Local Authority to take immediate steps
to carry out the requisite housing schemes. If Local Authorities refuse to do so within the time
specified in the Order, they should be liable to a penalty not exceeding £100 for every day during which
they delay, and the Board themselves should have power to carry out the work and to recover the cost
from the Local Authority. The Local Government Board should, we think, have no hesitation in at
once putting these powers in force in the case of any defaulting Local Authority.
Finance of Housing Schemes after the War.
1941. If, then, the State muSt now, at least for a certaia period, face the responsibility of providing
the bouses, it is material that some indication should be given of the extent of the burden. We prDpose
to assume that the 235,990 houses that we find necessary should be built within a period of fourteen
years. The above estimate does not make allowance for the shortage which has accumulated since
1911 or will accumulate during the fourteen years referred to. The standard of accommodation we
recommend is that the houses to be built should have not less than three rooms, with all sanitary
and domestic conveniences. At present (that is, subject to war conditions) such houses cost about
£450 and upwards. Before the war, Mr Wilson, Architectural Lispector of the Local Government Board,
stated in his Report to us that such houses would, in and around the industrial areas of Scotland, average
about £225, and in the districts north and south of the industrial areas would average about £275. These
figures he gave as at July 1914. (Appsndix CXCII.) We do not think that the cost of materials will,
within the period of fourteen years recommended for the building of the houses, fall sufficiently in value,
nor do we anticipate that the rate of interest, which is a serious item, will fall sufficiently to enable
houses to be built at pre-war figures. We think it safe to assume that on an average during the next
fourteen years the houses will not be built for a less cost than £350 each. As Mr Wilson pointed out, the
cost will probably be less in industrial areas than in districts remote from such areas, but we have taken
£350 as an average figure for the houses throughout the coimtry. On the basis of that average the total
cost of 235,990 houses would be £82,596,500.
1942. The next question to consider, and it; is an important one, is : what portion of that cost may
be assumed to be uneconomic — that is, on what proportion of the total cost of a house as above estimated
may it be assumed that no return can be obtained in rental from the working classes ? As will be seen
294 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
from calculations whict we give later, we are of opinion that at the present time it must be assumed
that at least one-third of the above-mentioned cost will be uneconomic, and that that proportion must,
therefore, be contributed by the State in some form or other. Spread over fourteen years, and assuming
that an equal number of houses is built each year, the cost will be £5,899,750 per annum. One-third
of this would require to be made up by a State subsidy. This would represent £1,966,583 per annum
by way of grant if the grant were given as a capital sum.
1943. We are inchned to the view that the best method of finance would be to charge the full economic
rate of interest (at present not less than 5 per cent.) on building loans, and that the amoimt required
by way of grant should not be paid by way of a capital sum when the houses are put up. We. think
the necessary estimated grant should be funded or earmarked, and that the difference between the
house rentals and the total outgoings should be made up to the Local Authorities each year. We
suggest the funding of the grant because we have in view that at the end of a period of seven
years the Government should have the houses which have been erected during that period valued, and
should then wipe off the whole loss by paying the difference between the cost of the houses and the
ascertained value. This procedure would have the advantage that it would provide for the very clamant
housing needs of the country during a period of seven years, and at the end of that period it would enable
the State to review its whole housing policy in the light of the conditions obtaining at that time. If,
at that time, conditions are such that it would pay private enterprise to enter the field, the State can
review its own policy of building, and leave the provision of houses to private enterprise, subject always
to the proviso, which we consider of paramount importance, that there must always rest on the public
authorities the duty of seeing that a sufiiciency of habitable houses in every district is provided for the
use of the working classes.
1944. On the subject of interest on loans, we think that housing loans should be granted to PubUc
Authorities at the lowest rate at which the national exchequer can obtain money.
•
Inability of Private Enterprise to provide Houses for the Working Classes.
1944a. It is perhaps right to contemplate that the average cost of the houses, instead of being £350,
might be somewhat more, and it is certainly necessary to provide for the possibility that the actual cost
of the houses during the first two or three years of the period referred to may be more than £350. In
our inquiries before the war, we obtained a considerable amount of evidence to the effect that PubUc
Authorities would require to provide housing for the working classes. This evidence was based upon the
pre-war figures of costs and rate of interest. That it was impossible at these figures, as a commercial
imdertaking, to put up a house of three rooms and all ordinary accessories for the working classes for some
years prior to the war cannot be gainsaid. There are various reasons put forward why this was so, but
that it was so is admitted on all hands.
1945. Mr G.Fraser, factor on the Dalzell estate at Motherwell, who has had large experience as
a County Authority administrator, being a member of the Middle Ward District Committee of Lanark-
shire, stated : —
With matters as they stand at present, the witness is of opinion that the necessary housing
in Mid-Lanark will not be provided by private enterprise, and the only way by which satisfactory
housing can be secured is to extend the powers of the public health authorities, and for Government
(under the supervision of the Local Government Board) to grant loans for building on advantageous
terms.
The Local Authorities have first-hand knowledge of the needs of each district, and by local
factoring, combined with local sanitary inspection, they are in the best position to prevent abuse,
or to sue for punishment. (31, 115 (64)-(65).)
1946. In cross-examination, Mr Fraser was emphatic that in present circumstances (and these were
pre-war) there was no alternative to the State building houses for the industrial population. He stated
that he was prepared to face the housing of the whole population of Scotland by the nation. (31,160.)
The witness was here referring to the working population, as his next answer (31,161) makes clear. Mr
Andrew Wilson, Civil and Mining Engineer, Motherwell, a gentleman of experience in municipal adminis-
tration (he was Provost of Motherwell at the time he gave evidence), supported the proposition that
the State should help Local Authorities to carry out building schemes by loans over long periods.
(41,001-4.) And further, he stated that a private builder could not obtain money as cheap as Local
Authorities and that he would like Local Authorities to provide all the housing for the working classes.
(41,024-31.) Mr Aldridge stated that the private investor cannot build as cheaply as municipaUties,
and that the housing of the poor was not possible as a financial proposition from the builder's point of
view. (41,826.) Other witnesses stated that municipal building is cheaper than private enterprise.
(Eunson, 18,252.) Sir Thomas Munro, the Coimty Clerk of Lanarkshire, stated that where work is
bemg lost through lack of housing, the duty of remedying the defect lies with the Local Authorities if
without undue burden on the ratepayers. (27,593 (109).)
1947. Colonel Kyffin-Taylor, chairman of the Liverpool Corporation Housing Committee, who
gave very important evidence in regard to the housing pohcy of Liverpool, stated :—
It is interesting to note that at the present time it is generally recognised that it is impossible
in respect to many thousands of people to build for them cottages or dwelUngs on an economic
basis, and that bad housing conditions are responsible for those evils which are costing the coimtry
millions of money in workhouses, asylums, hospitals, infirmaries, sanatoria, reformatories, and prisons.
The remedy for this state of things, and a remedy advocated by every party in the State, is that
financial aid should be afforded by the State or the municipality, or both, on the ground that as
a mere matter of business such financial aid would prove an economy. In the future, therefore,
mumcipahties will be clothed with even greater powers than they have to-day. (Kyfiin-Taylor,
REPORT.
295
Colonel Kyffin-Taylor stated later that, in Ms opinion, private enterprise could not house the poorest
classes of the people, and then added : —
I go further, and I say to-day that private enterprise is unable to house even the better-off man.
I am not talking of a well-off man, but of a man getting, say, 30s. a week. If one assumes that he
ought not to pay more than 7s. a week, then I don't think private enterprise can build suitable
accommodation for him under 8s. 3d. a week. {Ibid., 24,324.)
This is a statement made prior to the war, and it can be truly said that, even assuming that of the
weekly wage of 30s. so large a sum as 7s. should be paid away in house rent, what it was impossible in
Colonel Kyffin- Taylor's opinion to do for a man with 30s. a week at that time, is equally impossible to
do for a man with a considerably higher wage at this time. The evidence of Mr Fletcher Turton, Deputy
Surveyor of Liverpool, supported Colonel Kyffin- Taylor's evidence. Mr Turton's opinion was that
in any great scheme for housing the poor in a great city like Liverpool, the only course was for the
municipality to undertake it, and further, that it was a good business proposition, although not a good
financial one. Various other witnesses supported the proposition that where private enterprise could
not provide for the housing needs of a section of the population, the only alternative was for the State
or the Public Authorities to do so. (Berry, 25,417, 25,418, 25,419 ; Campbell and Smith, 33,038 ; Lemmon,
33,404 (6) and 33,425.) Mr Berry, the Assistant Housing Manager of the London County Council,
stated that his remarks on this subject were confined to cottages of three rooms. He evidently thought
that it was possible to erect block dwellings at a price that would pay. But he added, " not small or
' three- or four-room cottages." (25,417, 25,418, 25,419.) In reply to a further question as to whether
private enterprise in London had failed to meet the demand for the cheaper class of houses. Mi- Berry's
reply was, " I do not think there is any doubt about it." (25,425.)
1948. Ex-Provost Keith of Hamilton, in his evidence before us, discussed the difficulty of housing
a man whose wage cannot pay for a proper house. In reply to questions put to him, he replied : —
If therefore the State does not subsidise housing so as to provide houses below economic value,
the only other alternative is to raise the minimum wage of adult labour. (1249 (42).)
Of com-se I have indicated towards the close of my precis that it seems to me a question for the
State. The State should interfere and make provision for adequate housing for a certain class of
the population who have not an economic wage that will enable them to pay for the proper accom-
modation they require at the standard that we think should be the living standard. There is the
other side of it, that the minimum wage should be raised to enable them to pay for it — that is the
other side. (1274.)
1949. Various witnesses objected to Local Authorities building houses on groimds which we after-
wards discuss, viz. that it would deter private enterprise, and that municipaUties build extravagantly,
or conversely that private enterprise is able to build more cheaply than a Corporation. (Mann, 21,207
(100)^(104) ; Mickel, 22,079-81 ; M'Kellar, 22,790 ; Mactaggart, 22,948 ; Eraser, 38,189-38,193.) As
we have stated, we discuss the objections to Local Authority housing later on. Meantime we point out
that whatever the merits or demerits of the objections, the underlying assumption in them is that private
enterprise can build or could build the necessary number of houses. That assumption imder present
conditions, or even under conditions existing for some years prior to the war, cannot be substantiated.
1950. To sum up this part of the argument : Prior to the war it had become impossible to provide
houses for a certain section of the population on an economic basis, and where State assistance is required
to enable the houses to be built for any section of the population, the State should, on grounds of public
policy, give such assistance through the medium of the Public Authorities.
1951. While it is certain that for a period of years after the war it will be impossible to build a
house of three or four rooms and the ordinary accessories at a cost which would yield a commercial
return, we caimot assume that such a state of matters will always prevail. Wages may rise to such
an extent and the cost of construction may fall in such degree as will permit of houses being erected for
the working classes at a rent which would not import a loss to the State or the Public Authority. At
this stage, therefore, we confine our argument to the period following on the war, and propose to show
in detail that during that period it will be impossible to build houses of the accommodation mentioned
at a cost at which a rent could be obtained providing an adequate return.
1952. If it is assumed that a house would cost on an average £350, and that a rent of £18 would be
obtained for this house (this figure being used simply by way of illustration and as indicative of the
average rental that may be obtained in many districts throughout Scotland), we estimate that the
outgoings would be as follows : —
Feu-duty ....
Insurance ....
Owner's Rates at 2s. in £ .
Repairs at 1 0 per cent.
Allowance for empties at 2J per cent.
Collection and management at IJ per cent.
Sinking Fimd^ — £350— at 5 per cent, for sixty years
Total outgoings .
If this sum of £6, 10s. 4d. is deducted from the assumed rental of £18, there will remain a sum of £1 1, 9s. 8d.
to provide interest on £350, the cost of the house. This would represent a return of about 3^ per cent.,
which is certainly insufficient. If to the total outgoings of £6, 10s. 4d. we add £17, 10s. — ^the interest at
5 per cent, on the capital expenditiire of £350 — we get a total outgoing of £24, Os. 4d., as against an income
from rent of £18, showing an annual deficiency of £6, Os. 4d. If we capitaUse this at 5 per cent., we get
a loss of £120 on each house, or a little more than a third of -the cost.
£ s. d.
.10 0
0 5 3
1 16 0
1 16 0
0 9 0
0 4 6
0 19 7
.
£6 10 4
296 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
1953. We may say that these outgoings have been taken on a very moderate basis. The amount
of £1, 16s. for repairs on this class of house is moderately stated as the annual sum which will be required
to be expended over a series of years. The 2| per cent, for empties is on the assumption that the house
is empty one year in forty, and the allowance for collection and management is put at a minimum.
1954. It is clear from the above analysis that commercial enterprise cannot engage in the building
of working-class houses under present conditions. By commercial enterprise we mean the provision of
the skill, organising ability, and labour, and of the necessary capital required. Commercial enterprise
necessarily imphes an expectation that there will be a sufficient return not only for the skill and trouble
expended, but also a profit on the capital invested. The above analysis shows that in the near future
the return which would be got would not be sufficient to provide the cvirrent rate of interest on the capital
without any consideration in the shape of profit or payment for other services. It is plain, therefore,
that if private individuals or companies are to enter upon building schemes they will require to be sub-
sidised in some form, and this subsidy will ipso facto take the enterprise out of the category of ordinary
commercial enterprise. The provision of the skill, organising ability, etc., would still be required, but
the element of the provision of capital in the ordinary way, with the prospect of a retarn carefully
weighed, would disappear. The portion of ordinary commercial enterprise which would remain might
perhaps be termed private enterprise ; but it would be much more akin to the private enterprise of the
builder who puts up houses under a contract with an employer.
1955. But there is another factor which will effectively prevent commercial enterprise from providing
working-class houses in the near future. A builder who puts up houses in the usual way cannot afford
to hold the houses. He must sell them so as to employ his capital in other ventures. Any one proposing
to purchase such houses to hold them as an investment, would require a return on his capital of some-
thing more than the current rate of interest adopted in our calculations. Such an investor would not
take the risks and trouble associated with the owning of house property unless he were to get a return
for these in the shape of a higher rate of interest. This, put another way, means that he would only pay
for the house a sum less than its cost, because the rent would only provide him such a return if the capital
cost were reduced by the required amount. That is to say, the builder could not sell his houses except
at a loss, and there would be required, as an inducement to him to imdertake the building enterprise, a
subsidy not only of the amount required to give him the ordinary return on his capital, but also of the
amoimt which would be required to be written off the capital cost to induce the investor to come in
and relieve him of his houses.
1956. It is calculated above that a subsidy of one-third would be required to enable the house to
be built on the basis of a 5 per cent, return. We do not attempt to calculate what subsidy would be re-
quired to induce the investor to come in. We may, however, point out that when loans could be obtained
at 3^ per cent, (some years before the war), an investor obtaining a loan of two-thirds at that rate might
be expected to get a return of perhaps 7 per cent, upon the one-third capital put in by him. It was
imder such conditions that nearly all the house-building before the war was financed, and the raising of
the rate of interest even to 4 per cent, before the war had an effect in restricting house-building.
Objection to Subsidising Private Enterprise.
1957. With every desire to obtain assistance from all possible sources in the serious situation in
which the comitry finds itself in regard to working-class houses, we are unable to recommend that the
State should attempt to obtain the houses on any such basis as subsidising private individuals. The
difficulties and risks attending such subsidies require careful consideration. Subsidies of this nature
would mean that a builder would be using the State resources to enable him to make a profit on the small
share of capital supplied by him. The security for the State money — assuming that the loan were
cortirucd as mertioncd in Parrgraph 1960 — would, apart from subsidy, in many cases be doubtful.
The houses would pass into the possession of many private individuals, and there would be no security
that in localities where the demand for houses was great in proportion to the supply, excessive rents
would not be charged, unless a very intricate system of control were established, and such a system of
control would deter investors and so militate against the prospects of getting houses built under this
method of finance. It must be borne in mind that an investor in houses has frequently the possibility
of obtaining higher rents, and the control of rents would affect the price which an investor would pay.
1958. The control of these privately-owned houses would require to be exercised in many directions.
Thera would require to be supervision of the construction of the houses and the materials and labour
employed. If inferior materials and workmanship were employed, the builder's profit might be greater,
but the upkeep of the houses would also be greater, and the security for the payment of the interest on
the loan would be endangered. Ordinary byelaws cannot control quality of materials and workman-
ship to the extent required for buildirgs which are to form security for State loans.
1959. It would be necessary to create a department to deal with the supervision of the properties
and the collection of interest and sinking fund, or of the repayment by instalments of the loan from time
to time. The department would require to watch every change in ownership. A local depression in
trade might affect the value of houses in a particular district to such an extent that the value of the houses
would fall below the amount of the State loan. It might be necessary for the State to take over many
of the houses so as to prevent the further drop in value which would follow the putting in the market of
a number of houses.
1960. Some control would require to be exercised not only over the original builder but over every
subsequent purchaser if the State loan is to be allowed to lie on the building. We assume that one of
the conditions of the financing of private individuals would be that the loans would be continued to the
investors. If that were not done, if it were required that the loan should be repaid by the builder when
he sold the house, the investing circle would be so narrowed that the private builder or building proprietor
would not put a stone on the ground.
1961. In this connection we may be allowed to quote an extract from a report of remarks made by
Mr J. D. Wallis, a well-known Manchester surveyor of great experience, and a member of the Council
of the Surveyors Institution, in a discussion on a paper read by Mr J. G. Head, F.S.I., before the Sur-
REPORT. 297
veyors' Institution on 16tli April 1917 (see Surveyors' Institution Transactions, vol. xlix., pt. vi.),
as it is confirmation from a responsible authority in a great industrial centre of the conclusions which
we OOTselves have arrived at. Mr Wallis's remarks were as follows : —
He should like to see the establishment of trade banks and other institutions to assist the
development of trade in this country, but, at the same time, he was bound to say that the proposal
to advance 80 per cent, of the cost of erection of small dwelling-houses was one which called for
much caution, because that class of property had, he supposed, let down more mortgagees than
any other class of property. It would require very exceptional conditions before he should advise
anybody to lend more than two-thirds on the security of houses let at weekly rentals.
Although they all acknowledged, and gave full credit to private enterprise, which, as Mr
Head had stated, was responsible in the past for the provision of 97f per cent, of the working-class
houses, that had been done under conditions not prevailing to-day, and the housing problem,
to his mind, was now too great to be tackled by private individuals, and should be considered
jointly with the question of unemployment which might arise after the war. If those questions
were to be dealt with in a proper manner — ^to provide decent houses for the people, to improve
existing buildings, to clear slums, to obtain more healthy surroundings, and to meet unemploy-
ment after the war — they could only be dealt with effectively by the nation with national funds.
1962. It has been stated that, with loans from the Government, private individuals would put up
all the houses that are required. If this means loans at the market rate of interest, it is a statement
which, we think, cannot be substantiated. But it has been suggested that loans, even up to 75 per cent,
of the cost at a rate of interest below the market rate, say 4 per cent., should be given, and, in addition,
some form of capital subsidy up to, say, 10 per cent, of the capital. This in effect, assuming the market
rate is 5 per cent., is eqxiivalent to a Government grant in all of 25 per cent, of the total cost. But, as
we have shown in our illustration above, even that would be insufficient. This is further brought out
by the following illustration. Assume that a house costs £350, with a rentail of £18, the outgoings would
be as before, £6, 10s. 4s., subject to an adjustment of the sinking fund in respect of the loan of three-
quarters at 4 per cent, and the subsidy of 10 per cent. This adjustment would bring the outgoings
up to £6 15 9
Add interest on the money borrowed, £262, 10s. at 4 per cent . 10 10 0
Interest on builder's capital £87, 10s., less subsidy of £35=£52, 10s. @ 5 per cent. . . 2 12 6
£19 18 3
Assumed rental ' 18 0 0
Annual deficit of . . £1 18 3
This annual deficit, capitahsed at 5 per cent., is equal to £38, 5s. per house. Accordingly, this calcu-
lation shows that, simply to give the builder a return on his money, he would require more than a 20 per
cent, subsidy in addition to the low-rate loan of three-quarters of the cost. But that would not be
sufficient, as that would not provide him with a profit. He would therefore, even with the additional
subsidy, be unable to sell to an investor at a price that the investor could afford to pay.
1963. If, as will certainly happen in a period of some years after the war, the cost of the house is more
than £350, the deficit will be correspondingly increased. "We would in this connection desire to utter
a word of caution in regard to either our calculations on assumed costs of houses or any other calculations.
It seems pretty clear that a cost of less than £350 caimot be safely assumed, and accordingly any calcu-
lations based, as we have seen in the Minority Report, on an assumed cost of £300 would be seriously mis-
leading. On an assumed cost of £300 and an assumed rental of £18, with proper outgoings debited,
there would be an annual deficit of about £3, or a capital deficit of about £60. This would
represent a loss to the builder of 20 per cent. The result would be that the State, having begim
with a programme of providing houses for the industrial classes by subsidising individuals on the basis
of a 20 per cent, loss, would find that this was not sufficient, and it would then require simply to give
whatever inducement was necessary to get the houses built. Our point is that the nation cannot afford
to act on anything but a certainty. It cannot afford to make a mistake in this matter, because of the delay
which would occur. If, having started out on a wrong assumption of the loss to the State on a system
of giving or offering subsidies to individuals, it were found necessary to revert to what we consider the
sounder policy of allowing State money or subsidies to be used only by PubUc Authorities, much time
would have been lost and the housing crisis would have become more serious than ever.
Cessation of House-Building.
1964. We have indicated that in our view private builders had for a long period prior to the war
failed to provide in anything like adequate numbers the houses necessary for the working-class popula-
tion, and it remains for us to consider what causes, apart from the fundamental one, that an economic
rent could not be got, operated to prevent or impede the provision of such houses. As we have said,
we are desirous of preserving all sources which can contribute towards the erection of working-class houses,
and while, in our opinion, it is beyond the realm of argument that commercial enterprise cannot provide
the houses necessary for a considerable period after the war, we desire to assist as far as we can any
form of private enterprise which in that difficult period will produce a number of houses, gieat or small,
and so far as we can to remove all impediments to commercial enterprise entering the field at as early a
period as possible when more normal conditions obtain. Moreover, to enable the public authorities
to produce houses as cheaply as possible, it is necessary from that point of view to consider whether any
causes of the cessation of house-building can be removed.
1965. Various difficulties in the path of the house-builder were mentioned tu us in evidence, The
298 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
three most serious of these difficiilties are undoubtedly : — (1) the excessive cost of land, (2) the rise iu
the rate of interest, and (3) the advance in the cost of building materials and wages.
Excessive Cost of Land.
1966. We have dealt fully with this subject in Chapters XXII. and XXIV., and have made recommen-
dations to which we refer.
Rate of Interest.
1967. This is a matter which it is impossible to control, and it is no solution of the question to suggest,
as is suggested by our colleagues in the Minority, that loans at a rate of interest which is less than the State
has to pay should be granted to private individuals.
1968. We have explained the bearing of the rate of interest when the market rate was low upon the
finance of house-building, and how an investor, being able to borrow two-thirds of the value of the house
at 3^ per cent., was enabled to obtain a comparatively high or at all events a sufficient return on the
one-tlurd of the value which he had to put in himself. With the rate of interest at 5 per cent., no such
opportunity is available to him. It may be that the suggestion of the Minority, just alluded to, is to meet
these altered circumstances ; but, in our opinion, such an attempted solution is not justified.
Advance in the Cost of Building Material and Wages.
1969. That there was, during a period of years immediately preceding the war, an increase in wages
and a serious increase in the cost of materials is public knowledge. We do not think it necessary to burden
this Report with much citation of evidence to support this statement. We refer to a statement of an
Edinburgh architect, whose evidence was to the effect that for five years ending in 1913 the increase was
from 20 per cent, to 25 per cent. (Lome Campbell, 19,455 (41), 19,710.) Mr Walker Smith's evidence on
this point will be found in Appendix CLIX., and also at 41,557 (6). His final conclusion is that the total
increase during the ten years prior to the war was 19-18 per cent. In regard to increases during the war,
it is difficult to give any accurate statement, but we are informed by the Architectural Inspector of the
Local Government Board that the following materials have increased by the percentages noted : —
(a) Composition brick 90 per cent.
(6) Firebrick 71 „
(c) Cement 180 „
(d) Fireclay goods fully 100 „
We are also aware that timber costs about three times as much as it did prior to the war, and that
all metal goods have risen very largely in price.
1970. We have some evidence before us that large combines, organised by makers of building materials,
had, before the war, raised the cost of certain materials. (Mickel, 21,932.) Mr Vivian mentioned a
case of which the Copartnership Tenants, Limited, had an experience. Before the war, that Society was
purchasing baths from a certain British manufacturer at a price of 47s. 6d. When war broke out the
price was at once advanced to 63s. Id. — the reason being that foreign competition had been eUminated.
(Vivian, 40,668.) In so far as building costs have been influenced by excessive charges brought about
by combines, we think there is a case for the Government, after the war, controlling the manufacturers
who furnish such materials. We would suggest that in all cases where it can be shown that excessive
prices — as a result of such combines — are being charged for building materials, Government should
regulate the price of such goods.
1971. In regard to timber, it may be that, when the war is over, certain departments of the Govern-
ment may have considerable stocks in hand, and some of the military huts, which will be broken up, might
be of service for some of the carpencer work of houses. We think that such stocks should be made avail-
able for house-building at as cheap a rate as possible. We also recommend that the Board of Trade
should make arrangements to facilitate supplies by means of regulation of transit and proper distribu-
tion of building materials. This, taken in addition to our suggestion that where prices have been artifi-
cially inflated the Government should regulate the price, should be of material advantage to those who
will be engaged in providing working-class houses.
Rates.
1972. A small point on this subject should be dealt with. The larger question under this headiug —
viz. that, as has been said by certain witnesses, the owners' rates on these buildings and perhaps also
the occupiers' or some part of the occupiers' should be remitted — is, in our view, a question with which
we are not called on to deal. It is a part of a large question of public rating which can only be dealt
with as a whole. For an explanation of the system of rating in Scotland, we refer to the Report of the
Royal Commission on Local Taxation of which Lord Balfour of Burleigh was chairman, and which Report
was issued in 1902 (Cd. 1067, 1902, Chapter I.). -We further refer to the Report of the Departmental
Committee which has recently been investigating the whole question of rating. At the same time we
think it is worthy of consideration whether a system could be evolved whereby the smaller working-
class houses could be relieved to some extent of the disproportionately heavy burden which falls upon
them in the matter of rating.
1973. The small point referred to in previous paragraph is that at present there is some hardship
on builders of houses in respect that immediately the house is ready for occupation, which is taken by
the assessing authorities to be when the windows are in, the house becomes liable for rates even if no
tenant has been secured. We think new houses, certainly houses for the working classes, should not
be rated until they are actually occupied, and we recommend accordingly.
REPORT. ' 299
Finance (1909-10) Act, 1910.
1974. Several witnesses made complaints in regard to the effect of this Act, and suggested that it
had impeded house-building. The complaint generally was one that a feeling of apprehension had been
created, but only one or two of the witnesses condescended on particulars. We are unable to agree
with the suggestion that there is any evidence to show that the difficulty of finding capital for house-
building has been, to an appreciable extent, brought about by the Finance Act. We refer to the evidence
of Mr Fraser, the factor on the Dalziel estate, Motherwell, who was one of the few witnesses who made
any direct statement which it is possible to discuss. He said that : —
The Grovemment valuers oapitaHse feu-duties at twenty years' purchase, and as it takes over
twelve years to wipe out the cost of development (without allowing anything for administrative
costs or for the fees of the engineer and others), at least one-half of the capital value of the feu-duty
is represented by the expense of development. . . . The practice of the Inland Revenue since the
passing of the Finance Act is to demand the Government's statutory share of any increment in land
on the basis of the market value of said land, with the result that in several instances they have
actually penalised a superior for being generous. (Fraser, 31,115 (45)-(47).)
1975. We are inclined to think that some of the apprehension referred to above maybe due to misappre-
hension of the provisions of the Act, such as we think underlies the above evidence. The witness appears
to us to overlook the fact that the expense of development is excluded from the value in determining
the increment duty. Further, we can only understand from the witness's statement that he believes that
if a superior feued land at less than the market value, he is charged increment duty on the basis of the
market value, whereas, as a matter of fact, he is only charged increment duty based on the actual cash
consideration for the transfer, or, if the consideration is an annual feu-duty, on the capitalised value
thereof.
LuMSDEN Judgment. *
1976. This judgment, which was arrived at by a difference in the House of Lords of -two Judges against
two, resulting in an inferior Court judgment standing, resulted in increment duty being charged on a
sum which was not limited to the increase in the value of the site. We imderstand that the Government
propose to deal with this question, and to amend the Act to give effect to the intention of the legislature
at the earUest possible moment.
Estate and Succession Duties.
1977. Certain witnesses complained of the heavy burden of death-duties on landed estates, and stated
that these have the effect of checking improvements or even of making all capital outlays impossible
for several years, to the serious detriment of tenants and tradesmen. (W. Mackay, 15,665 (10) ; Milne-
Home, 29,842 (37) ; c/. Constable, 29,322 (f).) We cannot recommend that the death-duties on landed
property should be at a rate less than the death-duties on any other form of property. It is true that
where two or three deaths of proprietors of the same estate occur in quick succession, the burden of
death-duty is serious, but where the successor in the estate cannot find the money to pay the duty.his option
is to sell the estate or a portion of it sufficient to enable him to pay the duty. If he prefers, as the law
allows him, to retain the estate and pay the death-duties by instalment, he may be hampered financially
for some years. This complaint on behalf of landowners is also given in other matters affecting land.
For instance, it is stated as a reason why landowners do not afforest their lands. The real answer,
in our view, is that the estate system, as the unit of rural organisation, is possibly destined to pass away
in time. We doubt whether it is the best arrangement for getting capital svmk in land. The estate is
not usually run as a commercial undertaking. The landowner who is in financial difficulties or even
practically bankrupt can struggle on, when a business in a similar condition would come publicly to grief.
But there is no competition amongst estates. Accordingly, in our view, the complaint in regard to the
burden of death-duties, as an impediment in the provision of houses on the estate, is not one the solution
of which would legitimately be the lessening of the death-duties on that form of property.
Small Landholders (Scotland) Act, 1911.
1978. Mr Douglas, speaking for the Chamber of Agriculture, stated that one cause why new cottages
were not provided on farms, was " a feeling of insecurity that is ascribed to recent legislation," and he
complained of the Small Landholders' Act. (Douglas, 2587-2608.)
1979. The suggestion is that there is apprehension on the part of proprietors in regard to the policy
of the Board of Agriculture, in respect that they are uncertain as to what portions of a large estate may
be taken by the Board for the creation of holdings. The first observation that occurs on this class of
evidence is that the shortage of rural houses and the extreme disrepair and dilapidation of many of these
houses existed long before 1911. It must be kept in view that the Board of Agriculture do not acquire
the land when they get a compulsory order from the Land Court for constituting new holdings. What
they do is to create compulsory tenancies on other people's lands. In actual practice, what is rented
tends to be the unimproved lands. If possible, the landowner gets the Board to buy all the improvements,
especially any buildings on the land. For these the landowner has hitherto got a very good price, such
price being fixed by the arbiter appointed to award compensation. The taking of parts of farms is ex-
ceptional, and in such cases the landowner gets heavy compensation due to the fact that the residue left
is overweighted with buildings. Hence, it is not correct to insist that the Small Landholders Act has had,
or need have, from a financial point of view, a deterrent effect upon the would-be improving landowner.
If he spends money on cottages on a farm, which is afterwards taken for small holdings, he gets all his
outlay back (possibly subject to allowance for depreciation).
1980. It is manifestly impossible to do what is suggested in the Minority Report, viz. : to state
what class of farms— all over Scotland — are to be taken for small holdings. The choice must necessarily
depend largely upon the local demand, which is not a fixed or estimable entity. Moreover, the Board will
300 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
naturally take farms coming out of lease, because they have thus no tenant to compensate for breaking
his lease. In these circumstances it will be seen that to suggest that the Board should now schedule
land which they are to take is one which would render the working of the Small Landholders Act impossible.
1981. In view of the criticisms in the evidence of the Finance Act, 1910, and the Small Landholders
Act, 1911, we think it right to point out that the difficulties which confront private or commercial
enterprise in the building of small houses existed independently of and prior to both of these Acts, and
that even if these Acts had not been passed the difficulties in the way of private enterprise undertaking
the building of small houses would have been as great as they are now.
Legal and Registration Expenses.
(a) Legal Expenses.
1982. In respect that we have recommended in Chapter XXI. that building restrictions should
be placed in the hands of Public Authorities, it would be unnecessary, if that recommendation should be
adopted, that the lone clauses of restrictions which presently enter all modem feu-charters should any
longer have a place there. If this be so, legal expenses should be reduced. Further, we recommend
that the same privileges as regards exemption from stamp-duty should be given to Local Authorities
under the Housing Acts as is given to them under section 168 of the Public Health (Scotland) Act, 1897.
This will effect a very considerable saving to Local Authorities.
(6) Registration Expenses.
1983. In regard to the expenses of registration in so far as land in and buildings on certain town-planned
areas are concerned, we think that a special system of registration can be adopted ; and we refer to the
Reports (Cd. 5316), published in 1910, by the Royal Commission on the Registration of Title in Scotland,
of which Commission Lord Dunedin was chairman. These Reports show that in regard to old properties
and sites, it would be difficult to simplify registration. In regard to sites, however, in town-planned areas,
either where no population existed, or even where the areas were sparsely populated, we think that it
should not be difficult to introduce a system of registration by maps. These official maps would register
by number or letter the different plots or areas of ground bought and feued on each town-planning
scheme. Thereafter, so far as lands under town-planning schemes are concerned, it appears to us that
any long descriptions in feu-charters or conveyances of sale or other deed affecting the property would
be dispensed with, the reference number or letter being sufficient, or it might be that the property could
be transferred on an official registrar's certificate, which would be the supreme criterion of right to the
property.
Objections to Housing by Local Authorities.
1984. We have stated that so long as housing of the working classes is an imeconomic proposition,
there is no alternative in our view to the State assuming the responsibility for building the houses through
the medium of the Public Authorities. We are conversant with, and we do not desire to minimise,
the objections to this course, but we think too much stress has in various quarters been put upon them.
In any case, we look on the objection that if Local Authorities build the houses, private enterprise will
not enter the field as, in present economic circumstances, nothing more than a verbal dilemma. If
commercial enterprise cannot build the houses, and if the objection to Local Authorities building the
houses is sustained, no house-building will be done. We are not disposed to give any countenance to
a proposal for delay in order to enable commercial enterprise after the war to consider all the circum-
stances, and see whether it can build the houses. We are convinced that it cannot. To adopt any
programme which would involve delay is, in our view, leaving the working classes to the sport of chance.
Any policy now set forth must be one of certainty, and that for various reasons.
(1) Arrangements for starting housing after the war must be made now.
(2) That cannot be done if there is to be a period of imcertainty and delay.
(3) The only policy which connotes certainty and promptitude is that the State through the Local
Authorities should make their plans now for acquiring land, town-planning areas, and there-
after using these areas for immediate building.
(4) This involves survey at the earliest possible moment by the Local Authorities to ascertain in
what areas there is the greatest shortage and what houses will be immediately necessary.
1985. These being the conditions, we are not deterred by a verbal dilemma from advocating the
policy which we do advocate, and it follows that, in our opinion, whatever objections there are to Public
Authorities undertaking the building of the houses for the State, these objections must be met and,
in so far as possible, removed or mitigated.
Public Authority Building as a Deterrent to Private Enterprise.
1986. It is, we believe, the case that between 1890 and 1913 the Public Authorities in Scotland
have only put up 3554 houses, and these almost entirely in connection with slum clearances. In point
of fact, therefore, Public Authority housing cannot be averred as having in the past been a deterrent to
private enterprise, and yet the shortage of houses and the extremely bad condition of a vast number of
existing houses points to the fact that private enterprise was unable to house the worldng classes of
Scotland. For many years most of the houses put up in the large towns of Scotland by the speculative
builder were financed from a profit made on the site. We have described this in Chapters XXII. and
XXIV., and although it was probably the only way in which a builder could finance himself, it has led
to intense house density for the purpose of getting a sufficient number of householders on an acre of
ground to enable a high ground rent to be obtained. The original feu-duty was probably high, but, wherever
possible, the builder created an additional ground burden, which he sold at so many years' purchase,
and this was very often the only profit he had on the transaction. The result is that these properties
with small rentals are burdened for all time with this ground rent. As the properties become dilapidated
it becomes more difficult to obtain sufficient rental to pay all the outgoings and to execute repairs. It
REPORT. 301
may be said, therefore, that one chief cause of the disappearance of the speculative builder has been,
that of recent years, owing to the rise in interest, he has been unable to continue the financial system under
which he lived, viz. making a profit out of land speculation. In our view there is no reason to regret
that this system has come to an end. The evils of it were obvious and clamant, and in all the large
cities in Scotland the i-esults may be seen in any of the industrial quarters — great serried masses of
tenement buildings, where the consideration of space, air, and light does not appear to have entered
into the calculation of those who were house-providers for the working classes.
1987. One of the outstanding evils of the system is that the high ground rents eventually fall upon
the working-class tenant. They are included in his house rent. In this way the speculative return
obtained by the builder to finance himseK is obtained by mortgaging in an undue degree the future earn-
ings of the whole working-class population dwelhng in the houses erected on the site for which a very
large ground rent is exigible. Accordingly the working-class tenant is prejudiced in respect that in the
rent he pays there is included an excessive charge for ground rent which should have gone for the provision
of a house with better accommodation and with more ground space about it.
SxjpEEVisioN OF Rents of Local Axtthorities' Houses.
1988. We have now come to a new era, and undoubtedly the housing accommodation for the working
classes will require to be very different. We are anxious, if it be possible, when stable conditions return,
that any sources of house building, the most important of which (although inadequate) in the past has
been private enterprise, should be able to come into the field. The cause which would probably operate
most unfavourably against private enterprise would be if Local Authorities acting not very wisely should
let their houses at rents below the standard for similar houses in the neighbourhood. We propose to meet
this objection by making it a condition of loans obtained by Local Authorities from the Pubhc Works
Loan Board that that Board, acting on the advice of the Local Government Board, should supervise or
approve rentals to be charged for houses on which such loans are obtained. A similar control should
follow in the case of grants from the Treasury. The Local Authority may, of course, borrow in the open
market, and in that case the Local Government Board acting at its own hand should, as a condition of
granting consent to the loan, approve the proposed rentals. AU schemes for working-class housing by
Local Authorities should be submitted to the Central Authority. Further, we propose that there should
be a power to any ten ratepayers of a district at any time to require the Central Authority to consider the
rentals being charged for houses provided by a Local Authority and to determine thereanent as to them
(i.e. the Central Authority) may seem fit. The Central Authority should also be empowered to act in this
regard on their own initiative, and the Local Authority should be bound to obey any order of the Central
Authority on the subject.
Alleged Extravagance of Municipal Building.
1989. As against the averment that municipal housing is extravagant, we refer to evidence previously
quoted in this chapter, which shows that certain experienced administrators take a contrary view. We
also refer to the well-known cases of Homsey and Highgate Municipal Housing Schemes. These schemes
have been successful financially and otherwise. In so far as housing schemes in Scotland have resulted
in a serious burden on the rates, we point out once more that the housing done by the Local Authorities
has been connected with slum clearances, that these have involved enormous sums for compensation,
but that if an analysis of the cost be made it will be found that the actual work of erecting the houses
has not been done extravagantly. We illustrate our point on this matter from the case of Edinburgh.
Edinburgh since 1890 has erected 525 houses on slum-cleared sites. For these sites and derelict buildings
a sum of £134,000 was paid. There were 1500 old houses on the sites, so that the price paid averaged
£90 per old house. The 525 new dwelUngs, which were for the poorest classes, were erected at a cost of
£73,000, or, say, £139 per house. This proves both branches of our argument : (1) that the burden on the
rates is entirely caused by the enormous sums paid for compensation, and (2) that with a well-supervised
scheme Local Authorities do not necessarily build extravagantly. In the Edinburgh cases referred to
it will be seen that, whereas the cost of buildmg was £139 per house, the cost of the site for each new house
averaged £255. We do not think it necessary to burden this Report with an analysis of the Glasgow
and other schemes, but we think it is safe to say that the conditions in Edinburgh would be found more
or less reproduced in other city schemes. We have set forth in Chapter XXIV. various suggestions for
cheapening the acquisition of sites, so that in future we should hope that slum clearances would
not be so costly as in the past. What we are at present arguing, however, is more for the building of three-
and four-room houses for the artisan class, and there is no reason to doubt that Public Authorities,
certainly all the large Public Authorities, and we think the smaller ones too with a little experience, can
build as cheaply as any one else.
1990. Contractors to Public Authorities can buy in large quantities, and that is an advantage. We
point out that one important element of private enterprise will still be preserved under Pubhc Authority
housing. We contemplate that Pubhc Authorities will largely employ builders to act as contractors for
them and build the houses for a contract price. The builder indeed, in our view, will be better off than
he was when acting as a speculative builder. Not many of the speculative builders (for working-
class housing) in the past ultimately made much headway. Indeed as the builder often worked on a very
small margin of profit, he had to finance himself at high interest, and many of these builders either became
bankrupt or had to cease such building operations. Under our proposals the building trade of Scotland,
employers and employees, will be fully employed. The master builder will thus be able to employ his
capital as a contractor, and in building houses for Pubhc Authorities he will be enabled to carry on business
like an ordinary manufacturer or commercial man.
Conclusions re General Housing Policy.
1991. There are other minor objections sometimes stated to Municipal housing. These,
however, are riot important, and, in our view, do not require to be discussed here. The main point
which we wish to emphasise now, even at the risk of reiteration, is that a definite policy must be set forth,
302 ' ROYAL COMMISSION ON HOUSING IN SCOTLAND,
and that the only pohcy which involves certainty for the working classes is that the State should undertake,
during the period following the war, the housing required for the industrial population. At an earlier
stage in this chapter we stated that we thought there should be an attempt to make good the shortage
in a period of fourteen years, that an annual grant should be given to meet the difference between rental
and outgoings, and that the capital deficit at the end of seven years be ^certained in the manner set forth
above and be then wiped ofE by the State. We are strongly opposed to public funds being used to subsidise
private individuals. This would lead to great practical difficulties, apart from the question of the policy,
which we think is unsound. It is suggested in the Minority Report that certain employers, such as land-
owners, should get a State subsidy in the shape of a loan at a loss to the State and a capital grant, either
or both. This is a policy to which we are quite opposed, and we point out that it would have the result of
enabling such individuals to put up houses at the expense of the State, or largely at the expense of the
State, and so would make the State a participator in the "tied-house system," to which rural and
industrial workers are strongly opposed. Whatever be the merits or demerits of that system, it seems to
us that the employers or proprietors interested should bear the whole burden of erecting such houses.
1992. We have referred in Chapter XXIV. to a Report of a Special Committee of the Surveyors'
Institution made to the Council of the Institution in December 1916. The Committee was set up to con-
sider the problems hkely to arise at the termination of the War, more particularly in connection with
possible unemployment, and, deahng with the questions in the hght of the special knowledge possessed
by surveyors as distinct from other professional men or from representatives of trade and industry, to
suggest preventive or curative schemes. They investigated very carefully the question of housing
emergency schemes to meet the possible unemployment referred to in the remit to them. As that Report
is by men specially famihar with the conditions of the building trade, we propose to finish this chapter
with one or two quotations from the Report, as follows : —
It must be borne in mind that the greater part of the work of supplying working-class dwellings
has fallen upon the small builder, who possesses but little capital, and who is usually dependent
upon a sohcitor or some other agency to finance him. He builds to sell, not to let, and is prepared
as a rule to take a very small profit, often obtained by the sale of an improved ground rent, and not
a percentage on the cost of the building. It is possible that the decrease of late noticeable in the
number of houses built has been mainly due to the difficulty these men have experienced in obtaining
the capital to carry on their operations, and that if money were made available they would be
ready to continue what, it must be remembered, is their usual business, and therefore the one which
they would presumably wish to follow if circumstances permitted. On the other hand, although
they would be meeting a pubhc want, it is unhkely that pubUc money would be provided for them
except under somewhat stringent conditions as to the class of buildings erected, and possibly as
to the profit permitted.
WTiile the Committee are of opinion that in order, after the war, to encourage biiilding and to
meet the housing deficiency, something might be done to stimulate private as well as public enter-
prise on the fines of the Treasury proposals for advances to Local Authorities and pubHc utiUty
societies under the Housing (No. 2) Act, 1914, they have regretfully come to the conclusion that
schemes to be carried out by private persons would be too uncertain to be depended upon to meet
the emergency which they have in view. It would not be possible to foresee with any accuracy
the result of such special inducements on private enterprise, nor would it be practicable through that
agency to arrange beforehand for definite building operations at once to be commenced on un-
employment becoming acute. Indeed, the Committee have arrived at the conclu sion that in existing
- circumstances the erection of dwellings for the working classes could not be undertaken without
capital loss in the event of realisation, and that this alone would preclude the possibility of attracting
private capital, except by the provision of such inducements as no Government would be likely to
offer to indi^dduals.
This statement would perhaps appear to conflict with the fourth principle accepted by the
Committee in the early part of this Report, viz. that the schemes should so far as possible be self-
supporting. But it will be remembered that this principle -v^as, to some extent, quahfied by the
paragraph which followed, and the Committee are of opinion that in the event of Local Authorities
being called upon to carry out emergency housing schemes, they should not be put to any financial
loss in the matter ; that, so far as the Local Authorities are concerned, the schemes should be self-
supporting, and that any adverse balance should be borne out of the national exchequer as the
contribution of the Government, which would be relieved irom the necessity of keeping men with
the Colours. In the case of Pubhc Authorities the danger of the capital loss referred to in the previous
paragraph would not apply, as they would have no necessity to reahse, and the loss would only be
felt on the houses being placed upon the market.
• •••........•
In any case the obligation to provide houses in the event of the failure of ordinary sources is
a national rather than a local one, and any financial burden which might be caused through the
acceptance of the obligation should therefore mainly be borne by the national purse.
On the other hand, the larger Local Authorities are more fitted than Government departments
to prepare and carry through housing schemes. They already possess the knowledge of what is
required, and most of them have the organisation and technical staff nece^^ry for planning and
supervising the work. Advantage should be taken of this, and wide powers should be given to Local
Authorities to draw up and carry through housing schemes. The Committee attach great importance
to decentralisation so far as the details of planning and construction are concerned. They are of
opinion that if the responsibihty for these is left with the Local Authority promoting the scheme,
much time would be saved in putting it into operation on the need arising, while sufficient elasticity
would be provided to enable every advantage to be taken of local methods and materials with an
accompanying economy in the cost of erection.
In view of the part taken by private enterprise in the past in providing housing accommodation
REPORT. 303
for the working classes, the Committee would have preferred to put forward proposals in connection
with these emergency schemes which would have had the effect of encouraging the supply from that
important source ; but influenced by the difficulties already referred to, and also very largely by the
necessity for suggesting an agency capable of preparing beforehand definite schemes ready to be put
into operation immediately on the need arising, they have been regretfully compelled to abandon
that idea, and have come to the conclusion that it can only be in the direction of Public Authorities
undertaking responsibility for the housing schemes needed to meet the anticipated unemployment
that a solution of the problem can successfully be sought.
1993. We endorse the views in the above quotations from the Report referred to, and we add that
OUT proposals, which are not confined to the question of unemployment, will leave the field open to private
enterprise when a stable period returns and when economic conditions are such as to enable private
enterprise to build at a profit. Meantime the position is that the housing of the working classes has
assumed an impoi-tance of the first magnitude, and we feel that socially, morally, and industrially it must
be placed on an unquestionable and satisfactory basis at the earUest possible moment. We can see no
other method of securing this reform than through the agency of the Local Authorities in the manner
we have outlined in this Chapter.
Summary op Recommendations and Suggestions in Chaptee XXIX.
(1) That the State should expUcitly accept a direct responsibihty for the housing of -the working
classes in Scotland. (Paragraph 1938.)
(2) That to fulfil this responsibility there should be placed on Local Authorities a definite obhga-
tion to provide, or see that there is provided, a sufficiency of houses. (Paragiaphs 1938 and 1940.)
(3) That in the event of non-fulfilment by a Local Authority of the above obhgation, the Local
Government Board should, on their own initiative, issue an Order requiring such Local Authority to take
immediate steps to carry out the requisite housing schemes, and, faihng compUance with this Order,
the defaulting Local Authority should be Uable to a monetary penalty, and the Local Government
Board themselves should have power to carry out the necessary work and to recover the cost from the
Local Authority. (Paragraph 1940.)
(4) That to enable Local Authorities to fulfil the statutory obhgation above referred to, the State
should, for a period of seven years subsequent to the war, make up by way of subsidy the difference
between the rentals received by Local Authorities from their housing schemes and outgoings for such
properties. (Paragraph 1943.)
(5) That at the end of the period of seven years the Government should have the houses which have
been erected during that period valued, and should then pay the Local Authorities the whole capital
loss, i.e. the difference between the cost of the houses and the ascertained value. (Paragraph 1943.)
(6) That at the end of the period of seven years the State should be in a position to review its whole
housing policy in the light of the conditions obtaining at that time, in order, if conditions are favourable
then, that the provision of working-class houses should be left to private enterprise, subject to the
proviso that there must always rest on the Public Authorities the duty of seeing that a sufficiency of
habitable houses in every district is provided for the working classes. (Paragraph 1943.)
(7) That loans at the lowest rate of interest possible should be granted to Pubhc Authorities to
enable them to build the necessary houses. (Paragraph 1944.)
(8) That in so far as building costs are influenced by excessive charges brought about by combines,
the manufacture of such materials should be controlled and the Government should regulate the price
of such goods. (Paragraph 1970.)
(9) That if possible any stocks of timber in the hands of the Government should be made available
for house-building at as cheap a rate as possible. (Paragraph 1971.)
(10) That the Board of Trade should facihtate supplies by means of regulation of transit and proper
distribution of building materials. (Paragraph 1971.)
(11) That it is worthy of consideration whether a system could be evolved whereby working-class
houses could be relieved to some extent of the disproportionately heavy burden which falls upon them in
the matter of rating. (Paragraph 1972.)
(12) That new houses should not be liable for rates until they are occupied. (Paragraph 1973.)
(13) That the Finance (1909-10) Act, 1910, be amended so as to limit the habihty for increment
duty to the increase in the value of the site. (Paragraph 1976.)
(14) That the same privileges as regards exemption from stamp-duty should be given to Local
Authorities under the Housing Acts as is given to them under section 168 of the Pubhc Health (Scot-
land) Act, 1897. (Paragraph 1982.)
(15) That in regard to land in and buildings on certain town-planned areas a special system of
registration by maps might be adopted. (Paragraph 1983.)
(16) That the Pubhc Works Loan Board, acting on the advice of the Local Government Board,
should supervise or approve rentals to be charged for houses on which loans have been granted by the
Pubhc Works Board, and that a similar control should follow in the case of grants from the Treasury.
(Paragraph 1988.)
(17) That in cases where the Local Authority have borrowed money in the open market for the
purposes of housing, the Local Government Board, acting on their own initiative, should exercise the
supervision specified in the preceding recommendation. (Paragraph 1988.)
(18) That all schemes for working-class housing by Local Authorities should be submitted to the
Central Authority ; that there should be a power to any ten ratepayers to require the Central Authority
to consider the re&tals being charged for houses provided by a Local Authority and to determine there-
anent as the Central Authority may seem fit : further, that the Central Authority should be empowered
to act in this regard on their own initiative, and the Local Authorities should be bound to obey any order
of the Central Authority on the subject. (Paragraph 1988.)
304 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
CHAPTER XXX.
HOUSING POLICY (contimied).
MiNOB Reforms and Details of Administbatioij.
Housing Survey.
1994. Before Public Authorities can deal systematically with the question of the provision of
houses, it is necessary that a comprehensive housing survey should be made. This was provided for
in the Housing and Town Plaiming Act of 1909, but it has not been carried out. If the erection of
working-class houses is to be undertaken with promptitude at the end of the war, Public Authorities
should now make an estimate of the number of houses required in their district. Eventually they should
compile a register which should show the condition of all the houses in their area — ^the register to
contain particulars in regard to the houses such as shall be prescribed by the Local Government Board.
The Public Authorities must in any case, as already mentioned, at once estimate the number of houses
that are most urgently required in their area. The register should ultimately be compiled in detail
and carefully kept up to date.
1995. This register will be useful to enable the Public Authority to see what are the whole housing
needs of the community in its area. If the minimum standards of accommodation and habitabihty
which we afterwards recommend are accepted, the register will contain the particulars necessary to
enable Local Authorities to determine what houses in the area fall to be demohshed, and what are capable
of being repaired.
1996. The survey which we recommend to be made will enable Local Authorities to consider and
promulgate necessary housing schemes to take effect as soon after the war as possible. It will also
enable them to consider what land they will require to purchase or feu for their housing schemes —
questions which it is important should be dealt with promptly.
House Accommodation.
1997. We recommend that the accommodation in all new houses should be at least three rooms,
with all necessary sanitary and domestic conveniences, i.e. bath and water-closet (where there is a
water-supply) or earth-closet, scullery, larder, coalhouse, etc. In Chapter XXXII. we deal fully with
the question of sanitary and domestic conveniences, both for new and existing houses, and also with
the introduction of water-supphes.
One- and Two-Room Houses.
1998. We hold strongly that the one-room house is quite unsuitable for family hfe, and we are
of opinion that houses of three and more rooms should take the place of a large proportion of the one-
and two-room houses. We recommend that in future no new one-room houses should be allowed to
be built, except with the sanction of the Local Authority, which sanction should only be granted where
there are very exceptional circumstances to justify the erection of such houses. Further, we are of
opinion that after a period of seven years the occupancy of one-room houses should, subject to com-
pliance with the standard of overcrowding in force in the area, be limited to one adult person or two
adult persons of the same sex, or an elderly married couple. During the period of years above mentioned
it is hoped that a great many of the existing one-room houses will be demohshed, or combined with
other houses to make houses of greater accommodation. But during this process (the period for which
we suggest should be seven years) a lower standard should be permissible, and accordingly the Local
Authority should be required to make byelaws (which would be subject to the approval of the Local
Government Board) regulating the occupancy of one-room houses during the period referred to ; and
such byelaws should, for the period referred to — subject to a proviso that overcrowding according to
a cubic space standard shall not be permitted — allow the use of one-room houses for two persons of
the same sex or for a married couple with not more than two young children, or for a mother and three
yotmg children.
1999. In regard to two-room houses, we think that no such houses should be allowed to be built
except vrith the sanction of the Local Authority, which should only be gianted where there are ex-
ceptional circumstances justifying the erection of such houses. We are of opinion that the occupancy
of two-room houses should be strictly regulated by byelaws made by the Local Authority and approved
by the Local Government Board.
Measure of Uninhabitability.
2000. It will be gathered from Chapters X. aod XXXII. that in our view it is very desirable that
Public Authorities should be enabled to deal with a house without necessarily having to prove that it
is in such a state as to be dangerous or injurious to health, or even that it is " unfit for human habita-
' tion." So far as the general upkeep of houses is concerned, we propose that Local Authorities should be
given power to frame byelaws deahng with the maintenance of houses. These byelaws will enable the
Local Authorities to deal with minor defects that could not be held to render the house uninhabitable.
In order, however, to simplify the administration of the Pubhc Health and Housing Acts in deahng
with very defective houses, it is suggested that a measure of uninhabitabihty should be prescribed.
After careful consideration, we think the measure of iminhabitabihty should be : —
(1) Dampness of the wall or walls of any room or living apartments in the house.
REPORT. 306
(2) Dilapidation of wall surfaces or internal fittings, such as plaster considerably broken on the
wails and ceilings, woodwork at the windows and sink decayed and broken, panels of doors split and
broken, shelving of presses removed, and floors holed, broken, or so thin as to give way under foot-
pressure.
(3) Roof badly out of repair.
(4) Marked defect in ventilation.
(5) Marked defect in lighting.
(6) Ashpits or middens too close to windows.
(7) Houses .with no water-closet or earth-closet accommodation for the tenants, either private
or common, or with unsatisfactory accommodation of this kind.
(8) Houses with no sink accommodation and water-supply, or with unsatisfactory accommodation of
this kind.
(9) Houses with insufficient height of ceihng.
(10) Houses in which the drainage is defective.
(11) In the case of tenernent houses, common adjuncts in disrepair or in a state of dilapidation,
such as roofs, rones, rain-pipes, passages (which in addition to structural defects may be badly and in-
sufficiently ventilated), and the accesses to the separate and individual dwelUng-houses.
2001. The above is not intended as a rigid measure of uninhabitability, i.e. it is not intended that
if any of the defects above mentioned exist in a house, that house must necessarily be considered un-
inhabitable. It does mean, however, that the Local Authority should through its officers designated
for the purpose be entitled to state in regard to any house containing one or more of the defects above
mentioned, that these defects are so serious or have reached such an advanced stage, that either taken
singly or in combination with other defects, they render the house, in the opinion of the Local Authority,
uninhabitable. We recognise that it is impossible to apply any measure of uninhabitabihty as a rigid
standard, and accordingly we think, as the opinion or judgment of some one is necessary to apply the
measure, that any one interested who may feel aggrieved by the decision of the Local Authority should
be entitled to appeal against such decision to the Local Government Board. We realise the dis-
advantages of seeking to state in any statute a detailed measure of uninhabitability or habitabiUty,
because as time passes such standards may become obsolete. It will be noted, however, that our pohcy
is to permit Local Authorities to proceed, either under the statutes at present, to show that a house
is dangerous or injurious to health or unfit for habitation, or to apply the measure of uninhabitability
set forth above, and in the maimer we have suggested. Further, we think Local Authorities should
have power by Order, which would be subject to confirmation by the Local Government Board, to add to
the hst of subjects included in the above measure of uninhabitability, the Order when made to be
pubUshed, and any parties objecting to have the right of appeal to the Lx)cal Government Board.
2002. In regard to the above measure of iminhabitabiUty, we think it should apply to houses of
whatever rental, and, indeed, we think that the limitation in sections M and 15 of the 1909 Act to
houses of a rental of £16 or under is a defect in the Act. In these sections there is an obligation impUed
in all contracts affecting the letting of houses — subject to certain exceptions which we need not detail
here — ^that houses of £16 rental and under are in all respects reasonably fit for human habitation at the
commencement of the let, and that they shall be maintained in such a condition dujing the let. There
is a common law liabihty that all houses must be kept reasonably fit for habitation, and we think this
obligation shovdd now be made statutory for houses above £16 rental as well as for those of £16 and
under. In this connection we point out that as regards houses that may be dealt with under section
17 of the same Act by means of Closing Orders there is no limit of rental, nor is there any such limit of
rental of the houses that are required under the same section to be inspected by the officers of the
Local Authority.
Water Survey.
2003. We think a survey of the whole water assets of Scotland should be made, with a view to
ascertaining and recording in a Government register what are the available supplies for the use of the
inhabitants, and to what areas such supplies should be directed. There is at present no co-ordination
of-Local Authorities in obtaining water. Indeetl the present system is chaotic in its competition for
water. In the Middle Ward District of Lanarkshire, for instance, there were some twelve Water
Supply Districts, each of which was independent of its neighbour, and made its own efforts to obtain
a water-supply. In the gi'eat majority of the cases the supply was local and unrehable. Fortunately,
the larger idea impressed itself upon the Local Authority, and by a special Act of Parliament the whole
area was made one for water purposes, thereby securing a comprehensive water scheme of the highest
standard of purity and sufficiency, and at a cost in some instances less than the local areas incurred for
themselves.
2004. A great waste of public money has already taken place as the result of independent action on
the part of Local Authorities.
2005. One of the outstanding instances of the undesirable results which have arisen from such a
policy is to be found in Mid-Lanark, where there are (with special parliamentary sanction) no fewer
than five large water undertakings in operation, each independent of the other, and having their source
of supply not far removed from each other. The main pipes of several of those undertakings run side
by side for many miles in the public highways. It is believed that it would not only have been readily
possible, but would have been economical and desirable in many ways, for all the areas concerned, if they
had been conjoined in the matter of water-supply, and had undertaken one large scheme suited to their
imited needs. In this way large capital expenditure and maintenance charges would have been reduced,
and some of the sources of supply which have been appropriated might have been devoted to or reserved
for other areas.
2006. It is manifest that if no effective control is exercised as regards the appropriation of the different
sources of supply of the country waste and loss are bound to be experienced, and some districts will be
deprived of what might be termed their natural gathering grounds.
20
306 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
2007. We do not need to argue this question further. It m obvious tliat both economy of finance
and administration would be effected by a proper survey.
2008. We accordingly suggest that a survey should be undertaken by the State at the earUest possible
date of the watersheds of Scotland, with a view to determining how far those at present appropriated can
be made available for other areas than those already supplied, and what new catchment and distribution
schemes are possible and practicable for supplying areas, especially rural areas, that are at present
unprovided or inadequately provided for. The Central Authority should be given power to promulgate
and enforce comprehensive schemes for appropriate areas not necessarily coinciding with administrative
boundaries, and to adjust equitable terms of capital and maintenance charges to be borne by the
Authorities served by such schemes.
Drainage and Water.
2009. The subject of drainage is closely allied to water, and we now suggest the form in which the
survey for water-supplies and also for drainage should be undertaken.
2010. The duty of making the survey of the country in connection with the question of water-
supply, and also on the question of drainage will fall to be undertaken by the Central Authority.
On that being done, the only way in which these matters can be suitably dealt with is to provide
that no Local Authority shall propound a new water scheme or add to an existing one, and similarly no
Local Authority shall establish a sewerage scheme (other than the laying of local sewers) or sewage
purification works without the consent of the Central Aixthority.
2011. On apphcation being made to the Central Authority for such consent, they would then
determme on the merits of same, including a consideration of what other areas could be suitably and
economically supplied from the same source or drain into the same works. Where it appears to them
that any scheme submitted for consent was suitable for the areas of other Local Authorities than that
making the application the Central Authority should be empowered to require such other Local Authorities
to jom in the proposed scheme, and the application would only be sanctioned on condition that the
various Authorities specified by the Central Authority came to an arrangement with respect to the
terms and conditions upon which the water should be introduced and supplied to their respective
districts, or the sewage therefrom received and treated, and the Central Authority (as they do at the
present time in the case of joint hospitals, etc.) would, failing agreement, fix the terms and conditions,
which would probably include a committee of management representative of the various areas. The
Central Authority should have similar powers to fix terms when necessary in the case of joint apphcations
by two or more I^ocal Authorities.
2012. It might be that in certain cases it would be an expedient course to have a water or drainage
scheme applicable to a large area with an equal assessment imposed over the whole area, and the Central
Authority should be empowered to order to this effect if they thought that desirable.
Occupying Ownership.
2013. Under this heading we propose, first of all, to deal with difficulties in the way of the adminis-
tration of the Pubhc Health and Housing Acts by reason of the fact that a great many occupying owners
have no funds wherewith to reconstruct or repair their houses in order to keep them up to a proper
standard. We received a good deal of evidence on this subject, particularly from the north-east coast
fishing villages, but it is a fairly general problem in town and country. It is true that, as a general rule,
ownership of the houses by the occupiers is advantageous in respect that, generally, they are better kept
than the average house ; but the problem remains in regard to a great many houses, some of them old and
often inherited from previous generations, where the present possessors have not funds to keep the
houses in proper repair or to bring them up to the more modern standard. We do not propose to quote
evidence on the subject, as there is no controversy in regard to the facts. The whole point is : How is
the problem to be met ?
2014. We suggest that where an owner, who is also the occupier of his own house, has no capital
to put his house into a condition fit for habitation, the Local Authority should proceed by one or other
of three courses, (a) to have the house closed and demolished if the condition of disrepair makes no other
course practicable ; (b) to purchase the house from the owner at a valuation and to put it into a habit8rt)le
condition ; (c) to advance to the owner sufficient capital to enable him to bring the house up to the
standard of habitabihty required by the Local Authority. If an occupying owner cannot comply with
this standard, he will be faced with the alternative either of closing the house or selling it to the Local
Authority, unless the Local Authority agree to advance him money for repairs, etc. The course suggested
seems to us at once the most practical and most equitable. It would enable the Local Authority, without
itseK having to build new houses, to convert a great deal of neglected property into cheap and habitable
houses. As regards (a) and (b) no alteration of the existing law is required in order to give effect to them.
As regards (c) the situation could be met by an amendment to section 15 of the Act of 1909, which deals
with the repair of property and permits of the Local Authority themselves executing the necessary work
under a charging order. It is suggested that an additional clause should be introduced to section 15 (5),
which would provide that in the case of a poor owner-occupier (the determination of such persons to be
in the hands of the Local Authority with a right of appeal to the Central Authority) the Local Authority
should be empowered to advance a reasonable sum' towards the cost of executing such repairs as may be
agreed between the parties under such conditions as to security and repayment as the Local Authority
might determine. Coupled with this, the restriction contained in sections'l4 and 15 of the Act (namely,
that the provisions of same are only to apply to houses of a rental of £16 and under) should be removed.
The Poor Owner of Several Houses.
2015. Where an owner has several houses below the standard of habitabihty, and, for want of capital,
cannot make the necessary repairs, the Local Authority should, if they think this course desirable m
preference to closing the houses, have power to purchase the houses, and the defaulting o'mier should —
if called on by the Local Authority— be required to sell at a valuation.
REPORT. 307
2016. A similar practice is already partially operative iu the city of Aberdeen, where the Medical
Officer of Health is authorised to deal with owners and to purchase properties, the outlays for repairs
on which would be beyond the means of the owners. In such cases it would not, in our view, be sound
to make advances to the owner to enable him to repair his property. This would be simply a method
of subsidising the slum landlord. It is better that the town should acquire the properties and reconstitute
them or otherwise dispose of them as the condition necessitates.
Small Dwellings Acquisition Act, 1899.
2017. A definite attempt was made by Parliament eighteen years ago, when the Small Dwellings
Acquisition Act was passed, to encourage the purchase of houses by their occupiers. This Act has been,
with one exception, a dead letter in Scotland, but has been operated to a considerable, though not a
great, extent in England ; and several opinions were expressed by witnesses as to the reasons of its failure
in Scotland. The machinery set up by the Act has already been described. (See Chapter V.)
2018. In England during the year 1913-14 advances under the Act were made by twenty-seven
Local Authorities {Public Warks Loan Board Report, p. 78 f.) ; while in Scotland the only body which has
ever carried out a scheme under it is the Town Council of Bo'ness. The scheme, which was carried
out some years ago, comprised a single tenement of eight houses, each of two apartments, with water
closet and coalhouse for each and a washhouse for four tenants. The houses were built by the Council
on a small plot of land which they had taken over in the course of road improvements, and which they
had failed to feu. The cost of the houses was £150 each, or £1200 in all, and eight workmen came forward
to take possession, two of them paying the whole price outright. The scheme worked smoothly, and the
only reasons which the two witnesses who dealt with the scheme suggested for its being carried no further
were (1) that the Town Council wished to give an object-lesson in the production of cheap houses for
working men, and (2) that their land was exhausted, while similar feus in the neighbourhood had all been
taken up by private builders. (A. L. Reid, 3506 f., 3533 fE. ; Louden, 34,470 f.) The Sanitary Inspector
for Bo'ness distinctly stated that the stoppage of the scheme was not due to any lack of demand for
the possession of their own houses by the working men of the burgh.
2019. ^Vhile it is questionable whether there is a widespread demand on the part of working men
to become the owners of their own houses, we are anxious that every facihty should be put in the way
of any man who desires to purchase his own house, and that the provisions of the Small Dwellings Acquisi-
tion Act should be readily and easily available to assist any such person. Accordingly, we recommend
that the Act should be amended so as to empower Local Authorities to advance up to nine-tenths of the
value of the house, and that the market value of the house in respect of which an advance may be given
should be increased from £400 to £600. We also recommend that this Act should be classed as one with
the other Housing Acts, that the Local Authority for the carrying of it out should be the Local Authority
for the administration of these Acts (as will be seen, the Local Authority in counties and iu all burghs
under 7000 population is the County Council — m all other burghs it is the Town Council), and lastly,
that the functions of the Secretary for Scotland under the Act should be transferred to the Local
Government Board.
Tenants of Local Authorities' Houses to have Facilities for Acquiring their Houses.
2020. With a view to increasing the opportunities for tenants becoming the owners of their houses,
we suggest that further powers be conferred upon Local Authorities under the Housing Acts to dispone
the houses erected by them to tenants, under financial arrangements similar to what are available under
the Small Dwellings Acquisition Act, 1899.
2021. It is questionable whether the latter Act could be called into operation with respect to houses
erected by the Local Authority under the Housing Acts. These Acts do not give specific power to the
Local Authority to sell the houses that may be erected by them to their tenants. In any case, however,
it should be made clear that a Local Authority should be so empowered, and that the principles of the
Act of 1899 should apply. Under such an arrangement it would be very much a matter of book-keeping,
as the Local Authority would have already expended the capital cost for the house, and the redemption
of same would be brought about by (1) a first payment by the prospective owner of the money to be
initially found by him, and (2) the annual payments of principal and interest by him as required by the Act.
Housing of Workers with Low Wages or under other Disability to pay an Adequate Rent.
2022. The question of the housing of that section of a community which cannot by reason of low
wages or disability afltecting their wage-earning capacity pay an adequate rent is one of the most important
with which we have to deal. This class has never received the attention it requires. It is no concern
of the private property-owner to house these people, and Local Authorities have hitherto done very little
to cope with the situation. Who is to house them ? It can only be the Local Authority. But we think
the Local Authority should not be called upon to bear the whole deficit that must follow from the provision
of houses for the poorest classes. The Local Authority and the local ratepayers are not of themselves
responsible for the conditions which have created and maintained this unfortunate class. The responsi-
bility must in great measure be considered national, and we think therefore that the State should share
the deficit with the Local Authority on a fair basis. Probably the deficit should be equally shared, bat
we are disposed to suggest, in view of the fact that conditions may vary greatly in different districts,
that each case should be considered on its merits by the Central Authority, there being an obhgation,
however, upon the Local Authority of the district to see to the proper housing of these people. Suitable
regulations would require to be framed by the Local Authority, subject to the approval of the Central
Authority, with respect to the classes entitled to occupy such houses. Such houses should never be
erected in a group or groups by themselves. They should be intermixed with other houses.
2023. It has also been suggested that, where the wages are too low to enable the occupier^to^pay
a sufiicient rent, measures should be taken to enforce a minimum wage. It has to be pointed out that
the relation between the minimum wage and the minimum rent is very indirect. In the fixing of a
308 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
niinimuni wage the rent of housing is only one iactor. The minimum wage cannot be determined on the
basis of rent alone. Li the evolution of industry, the principle of the minimum wage may possibly be
apphed to greater and greater ranges jf occupation ; but even if that be so, the extension of the principle
will take time and caimot be readily enforced in the large world of casual labour. At the point, therefore,
where the housing problem is most urgent, the establishing of a minimum wage would be most difficult.
2024. In our opinion there is no inconsistency between the suggestion that the organisation of labour
may steadily proceed towards the establishing of a minimum wage for a greater range of occupations,
and the principle that the Local Authority should be made responsible for housing. It seems to us that,
if the Local Authority are empowered, so far as not already empowered, (a) to make advances to owner-
occupiers, (6) to purchase where owner's capital is insufficient, (c) to scale down the rents to meet the claims
of impoverished individuals, everything will be done that can properly be done through housing. The
Local Authority, as a housing authority, caimot profitably interfere between employer and employed,
nor can the housing needs of the working classes wait for a settlement of claims by labour for a larger
share of the profits of production.
Slum Clearances.
2025. In great measure connected with the foregoing question is the question of slum clearances.
Such operations are always costly, and they almost invariably impose heavy burdens upon the Local
Authority. We are so impressed with the necessity for improvement and reconstruction schemes
being actively undertaken by Local Authorities that we consider the speciality of their position in housing
reform should be recognised by grants being given by the State to aid their speedy accomplishment.
It is not possible to suggest a fixed basis of grant to apply to such schemes. Obviously, the circumstances
will materially differ in different cases, but we think that for a period of, say, fourteen years after the war
the State should render fairly generous assistance in the direction we have mentioned— the making of
the grants to be determined by the Central Authority.
Provision of Suitable Houses for Persons Suffering from Tuberculosis.
2026. We were impressed with the fact that there is grave danger to public health in the present
housing arrangements where there is prolonged illness in a family ; and especially is this so in cases of
pulmonary tuberculosis. If the worker or wage-earner is himself attacked, the problem becomes even
more acute, because his earnings stop. It was represented to us, both from the cities and from rural dis-
tricts, that adequate domiciUary treatment is not possible in most of the existing working-class houses.
On this subject we refer to the Report on the " Administrative Control of Pulmonary Phthisis in
Glasgow," prepared by three Medical Inspectors to the Local Government Board, and issued in 1911.
This Report contains a vivid and sorrowful description of cases of the kind above referred to where families
have to live in small houses of one or two rooms. Effective isolation is not practicable and is not attempted,
and the good done to a patient by his stay in a sanatorium is speedily undone on his return to such con-
ditions. This subject requires no elaboration.
2027. Having considered the whole subject carefully, we recommend that the local Public Health
Authority, which is at present charged with the care of persons suffering from tuberculosis, and whose
duties enibrace doniicihary treatment, should be empowered out of the Public Health Rates (and subject
to inclusion of the expenditure in their claim on the Tuberculosis Maintenance Grant) to pay in cases
such as are referred to in the preceding paragraph the extra rental necessary to secure that additional
room acconunodation shall be available for the sole use of the affected member of the family.
Power to Local Authorities to Accept Donations from Employers of Labour towards
Housing Schemes.
2028. We think that Local Authorities should be empowered to accept donations from employers
of labour towa,rds housing schemes promoted by the Local Authorities, to which a condition is adjected
that to a certain extent and for a limited period the employers will have the first call upon the houses
for the use of their employees. Under such an arrangement the Local Authority might be materially
assisted to the establishment of a housing scheme, and the general effect would be all in favour of the
good housing of the community. The employees who might be nommated by the employers would
not, of course, have any relationship to the latter, but would be the tenants of the Local Authority in
the ordinary way. This proposal has already been made in the Middle Ward of Lanarkshire.
Power to Local Authority to Feu Land for Shops, Schools, Churches, Halls, etc.
2029. We refer to (a) section 11 of the 1903 Housing Act, enabling Local Authorities, with the consent
of the Local Government Board, to provide shops, etc., in connection with their housing schemes, and (6)
section 60 of the 1890 Act, enabling Local Authorities, with the same consent, to sell any land vested in
them, and we draw attention to what may be the danger of a tendency in housing schemes to erect houses
in little colonies, distant perhaps from shops, schools, etc. As working-class people must reside near
such subjects, we draw attention to this point, and we think that the powers above referred to should
be enlarged so as to enable Local Authorities to leu— as well as sell — land for a shop, school, church,
hall, etc.
Management.
2030. There can be no question as to the need for improvement in the matter of house management,
but we are doubtful of the success of what is urged in the Minority Chapter V. The two serious objections
to introducing the volimtary agency discussed in that chapter are (1) the difficulty in securing suitable
persons for the work, and (2) the resentment which would be generally displayed to the interference of
outsiders in such a matter as house management. It is suggested that it would be very difficult in any
case to obtain voluntary workers or visitors to undertake such undesirable duties as those indicated.
REPORT. 309
The chapter rather overlooks the fact that many Public Health Authorities already have stafEs of Health
Visitors (which are to be increased for Infant Welfare and kindred work), and that the Visitors' functions
include advice on house management and hygiene, as well as the detection of insanitary or undesirable
conditions. To multiply women visitors to the average working-class household would assuredly be a
mistake. Caretakers for properties could, imquestionably, be recommended, but, unless in Local Auth-
ority schemes, their introduction could not readily be arranged. Generally, we are disposed to think that
the various remedies suggested would not appreciably meet the situation, and that the remedy would
be found in this : — Provide good houses of a proper health standard, and have no other ; in this way,
and coupled with a strict application of the laws relating to cleanliness, etc., through the official channels,
the habits of the people, and especially the habits of the younger generation, will be gradually raised
and improved, and inside a period of years the old conditions will, in great measure, have passed away.
In other words, if better housing is provided, better habits will follow ; at the present time many tenants
have not a chance to live up to a decent standard.
2031. While desiring the enforcement of the law — ^as set forth by us in Chapter X. — as against de-
structive, disorderly, or uncleanly tenants, we do not consider that any appreciable or widespread solution
of housing problems is to be attained by the application of rigid discipline or punitive measures. The
supposition that any large or considerable section of the people, denominated or stigmatised as " the
' less disciplined class of the commimity," must be held in tutelage and subjected to the custody of care-
takers and supervisors, will be properly resented by those whom it is proposed to treat in this way. The
Minority seem to regard this section of the community as in large measure the architects of their own
misforttmes, of a physically inferior stock, earning low wages, and drifting towards a cheaper and dirtier
type of house because they are physically and mentally inferior. (See Minority Report, Paragraphs
275 and 280.) To us they are rather the victims of manifold social evils, of which bad housing is one of
the greatest. Without in any way minimising or underestimating the importance of character in the
securing and maintenance of good housing, we maintain that the provision of bette" houses will be one
of the best means of elevating the character and habits and tastes of the people, and thereby of main-
taining a much higher standard of household management. Several witnesses have testified that the
provision of good housing has had this effect. (C. M. Robertson, 19,845 ; Kyffin-Taylor, 24,313 (89) ;
Glaister, 23,456-9 ; R. Nicol, 38,708 ; Bennett, 42,557-564.)
2032. We consider that it would be of decided advantage that in housing schemes established by
Local Authorities they should, as far as possible, set up, under suitable regulations, Committees of Manage-
ment selected from among the tenants. Anything which tends to add to the responsibility and interest
of the tenant in his own dwelling and in the good care and amenity of the area in which he resides, should
be fostered, and we believe that a Managing Committee of Tenants will assuredly be an agency for good
in these directions. If the present powers of Local Authorities are not adequate to permit of such a
devolution, we consider the requisite powers should be conferred upon them.
Construction of Houses and Lay-Out of Sites.
Type of Houses.
2033. In our opinion there should be a minimum standard of accommodation in new houses, as
already set forth, viz. a living-room, two bedrooms, a scullery with sink, tub with washing boiler, a food
larder, A coal cellar, and, where there are water-suppUes, a water-closet, and with power to Local Authorities
to require the provision of a bath, with domestic hot water supply. Where a gravitation water-supply
is not available, an earth closet will require to be substituted, and the bath and domestic hot water
supply omitted.
Rules for Tenement Construction.
2034. We think that Local Authorities should be empowered to make byelaws (subject to approval by
the Local Government Board) on the following points regarding the construction of tenements : —
(1) Number of houses entering from one common stair ;
(2) Position, hghting, and ventilation of common stair ;
(3) Width of streets between forecourt or parapet walls ;
(4) Distance of building line of tenement from the line of front parapet wall ;
(5) The extent of open space about each tenement relative to the building area.
Structure of Houses.
2035. We refer to the special expert Report on the whole subject of Construction of Working-
class Houses in Scotland by the Special Commissioner appointed by us, with the consent of the Treasury
and with the concurrence of the Local Government Board, viz. Mr. John Wilson, F.R.I.B.A., the Archi-
tectural Inspector to that Board. "i^ (See Report, with relative appendices and plans, printed in a separate
volume of the evidence.)
2036. In Appendix No. CXCFV. information is given by Mr Wilson in regard to the building materials .
used in various districts of Scotland. Stone and brick are obtainable over the greater part of the coimtry,
and must, for chmatic reasons, be used. In certain fsolated districts, where stone and brick are difficult
to obtain, concrete may be used. No other material than those stated can be used for the walling of houses
in Scotland if these are to be kept permanently weatherproof and the cost of maintenance is to be kept
as low as possible.
2037. In view of the great scarcity of seasoned timber available at present, and for a considerable
period after the war, the possibility of using reinforced concrete as a substitute for roofs should be con-
sidered.
2038. Iron window-cases, if made and supplied in sufficient numbers to reduce cost, might be sub-
stituted for those in wood.
310 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
2039. To obtain structural economy, tlie cost of the house should be reduced as much as possible by
paymg careful attention to arrangements of planning, details of construction, and type of fittings, in order
that these may be standardised for the whole scheme. In this way the sizes of doors and windows can be
made uniform, the water-closet basins, baths, sinks, ranges, grates, etc., can be kept of one type, with the
result that these can be ordered in large quantities at a reduced price. This does not necessarily mean that
the designs should be standardised, and it is imdesirable that they should be. The use of local materials,
the treatment of windows and roofs to meet local traditions, will give a sufficient diversity of design.
2040. Suggested designs by Mr Wilson for various types of houses are attached to Appendix No.
CXCIL, and the specifications and the schedules of quantities of the houses are given in Appendices
Nos. CXCVI. and CXCVII. As these designs do not meet every contingency that will arise in various
districts, we recommend that the Local Government Board should assist Local Authorities by issuing
model plans and specifications.
2041. We also recommend that a sum should be placed at the disposal of the Local Government
Board for experimental purposes in determining what types of construction are most suitable in different
districts.
Lay-out of Sites.
2042. We recommend that, as a condition of housing loans and grants being made available for
Local Authorities, they should be required to town-plan areas in which houses are to be built, or, at all
events, to submit for the approval of the Local Government Board plans for the lay-out of sites.
Assessment of Sewerage and Sewage Purification Works.
2043. Evidence was tendered to us on behalf of the Middle Ward District Committee of Lanark-
shire to the effect that under recent decisions of the Courts all sewerage and sewage purification works are
■—contrary to the practice which had obtained hitherto — sub j ect to assessment as lands and heritages. (See
the case of Assessor for Aberdeen v. Magistrates of Aberdeen, etc., 1913 Session Cases, 712.) It was stated
that in one area this would involve an addition to the drainage rate of over 5d. in the £, and it was claimed
that these subjects should be relieved of assessment. (Whyte, 35,864-7.) We think this claim is well
founded. It is difficult in many rural districts to introduce a sewerage scheme within reasonable limits as
regards rating, and in many places it has not been found possible to form such drainage districts and
execute drainage works on account of the high rate which would be imposed. As we have indicated, up
till a few years ago sewerage and sewage pm-ification works were not included in the Valuation Eoll, and
consequently were not subject to assessment. A test case was taken in Court, but it was held, as we have
mentioned, that sewers, etc., were assessable subjects. An amendment of the law to have them excluded
has since been strongly urged by many Local Authorities, and also by the Convention of Royal Burghs
and the Association of Coimty Councils in Scotland. Having regard to the pecuhar nature of the subjects
(i.e. that they are non-productive, that they have no rating value in the ordinary sense, and could be used
for no other purpose), and having regard to the desirabiHty of removing any obstacle in the way of the
provision of such necessary pubUc health and housing services, we recommend that it should be provided
that the subjects in question are exempt from assessment either for local rates or for income tax.
Improvement and Reconstruction Schemes.
2044. One witness suggested that it should be obligatory on the Local Authority to provide housing
acconamodation for the people to be dispossessed under improvement and reconstruction schemes.
(Gavin, 37,284 (41), 37,288-90.) We draw attention to the need for provision of housing accommodation
for such dispossessed people, but in respect of our proposal to make the Local Authority responsible
for the housing of the working classes it would seem to be unnecessary for us to suggest the specific
course mentioned by the witness.
2045. It was pointed out to us that in connection with an improvement scheme under Part I. of the
1890 Act, Local Authorities are prohibited from rebuilding houses in the cleared-out area except with
the express consent of the Local Government Board, and that there seems no special reason for this
prohibition. (Macpherson, 83 and 84 ; Keith, 1249 (48).) We agree. We think that, having regard to
the fact that the scheme has been approved by the Local Government Board, it is not necessary that,
if the Local Authorities themselves desire to carry out the rebuilding or any other portion of the scheme,
they should again have to approach the Board.
Site of Houses demolished under Demolition Order.
2046. Ex-Provost Keith of Hamilton suggested that powers should be conferred upon Local
Authorities to re-erect upon the site of buildings demohshed under section 18 of the 1909 Act suitable
sanitary bmldings for the occupation of the working classes. (Keith, 1249 (50).) As we have already
pointed out (Paragraph 189), Local Authorities have a certain control over buildings to be erected on such
sites under section 34 (2) of the Housing of the Working Classes Act, 1890.
2047. We think, however, that Local Authorities should have fuller control of the site than the above
section gives, and that they should have power to prevent an owner from erecting thereon any business
premises or dwelling-houses or other buildings wjuch would, in the opinion of the Local Authorities,
impede the ventilation of adjoining buildings or be* dangerous or injurious to the health of the neighbour-
ing inhabitants. Further, we see no reason why, as suggested by Ex-Provost Keith, the Local Authority
should not have power to purchase the site if they require it for housing purposes, including open space's
or recreation spaces. The Local Authority should also have power to require the sites of demolished
houses to be kept in a tidy condition. (Cf Knowles, 14,458 (12) (30).)
Income Tax on Local Authority Houses.
2048. There should be exemption of Local Authority houses from income tax. Local Authorities
derive no profit from housing schemes.
REPORT. 31 1
Local Acts.
2049. As we have shown in Chapter V., the Town Councils of the larger burghs have secured from
time to time special powers from Parliament for the regulation and control of housing and sanitation
within their areas. Li addition to these local powers, the provisions of the PubKc Health and Housing
Acts apply, while those burghs to which the Burgh Police Acts do not apply may adopt these Acts wholly
or in pail;. Special powers have also been obtained by Local Authorities of county areas in regard to
various matters, such as water-supply and drainage, by means of local Acts or by Provisional Orders
under the Private Legislation Procedure (Scotland) Act, 1899.
2050. We have considered the question of the extent to which these local Acts are necessary or
desirable, and we have come to the conclusion that they are necessary, and that it is not desirable to
interfere with the practice of obtaining them. They are required to meet special conditions which
arise from time to time — in the larger areas particularly. Legislation to deal with these conditions
is not, however, required for Local Authorities generally, and in consequence there is no call for an amend-
ment or extension of the general statute. (Cf. Sir John Lindsay, 23,349, 23,353, 23,356.) No doubt
there is, as was indicated by the Legal Member of the Local Government Board, considerable adminis-
trative convenience in having legislation uniform throughout the country (Macpherson, 317), and we
agree that as far as possible this should be aimed at. But we think that the conditions existing throughout
the country are so diverse, while special conditions will also arise from time to time in certain areas, that
we do not feel justified in recommending that the principle of local Acts should be interfered with. If
our recommendation made elsewhere is adopted, viz. that as many matters as possible should be regulated
by means of byelaws (which can be amended from time to time as found necessary) and not by statute,
the necessity for local legislation may not arise to the same extent in future. We also understand that
the Local Government Board have an opportunity, whenever any bill or order is promoted by a Local
Authority for special powers in regard to housing or public health, of expressing their views to the Secretary
for Scotland on the subject matter of the Bill or Order, and the Board do no doubt satisfy themselves
that there are good reasons why the proposed Bill or Order is necessary.
Travelling Expenses of Members of Local Axpthorities.
2051. We think it might help towards getting a wider representation on the Local Authorities,
especially in the landward areas, were travelling expenses of members paid. We suggest that Local
Authorities should have power to pay the travelling expenses of members.
Grants to Local Authorities for Public Health Purposes.
2052. We consider that the Imperial exchequer should make available each year to the Central
Authority a sum to enable that Authority to assist the more necessitous districts in the administration
of Public Health generally. It seems to us that it is not possible to lay down any standard or method
for giving assistance. The circumstances of districts vary so much ; their prospective needs are unknown,
as are also their potentialities, and it would be not only necessary but equitable that the Central Authority
on a survey of the year's needs should be empowered to assist according to those needs and having regard
to all the circumstances of the particular case. The giving of an initial slump grant towards the cost
of any scheme would not be desirable in respect that the circumstances and conditions of districts are
always liable to alter. The most equitable way would be for the Government to assure to the Central
Authority an adequate sum each year to permit of that Authority aiding the more necessitous districts
in the due performance of their pubHc health duties according to their requirements. It is not, in our
view, feasible to fix a maximum pubhc health or other rate and to ask the Government to meet any local
deficit from Imperial funds. Such a method would tend to induce extravagance and neghgence, and any
maximum rate that might be fijced would not be of equitable appHcation throughout the country in
respect that the " abiUty to pay " of the ratepayers varies so enormously in different districts.
Summary of Recommendations and Suggestions in Chapter XXX.
(1) That Local Authorities should now make an estimate of the number of working-class houses
required in their district, and eventually should compile a register which shall show the condition of
all the working-class houses in their area — the register to be compiled as may be prescribed by the
Local Government Board. (Paragraph 1994.)
(2) That the minimum accommodation in all new houses should be at least three rooms with all
necessary sanitary and domestic conveniences, bath and water-oloset (where there is a water-supply) or
earth-closet, scullery, larder, coalhouse, etc. (Paragraph 1997.)
(3) That a one-room house is quite unsuitable for family life, and that in future no new one-room
house should be allowed to be built except with the sanction of the Local Authority, which should only
be granted in very exceptional circumstances. (Paragraph 1998.)
(4) That after a period of seven years from the passing of legislation on the subject, the occupancy
of one-room houses should be limited to one adult person or two adult persons of the same sex, or an
elderly married couple. (Paragraph 1998.)
(5) That during the period of seven years referred to in the preceding recommendation, a lower
standard might be permissible, and accordingly the Local Authority should be required to make byelaws
(subject to approval of the Local Government Board), regulating the occupancy of one-room houses
during the period referred to, and that such byelaws should, for the period referred to — subject to a proviso
as to overcrowding according to a cubic space standard — allow the use of one-room houses for two persons
of the same sex, or for a married couple with not more than two young children, or for a mother with three
young children. (Paragraph 1998.)
(6) That in regard to two-room houses, no such houses should be allowed to be built except with
the sanction of the Local Authority, which should only be granted where there are exceptional circum-
312 ROYAL COMMISSION ON HOUSING IN SCOTLAND
stances justifying the erection of such houses ; and further, that the occupancy of two-room houses should
be regulated by byelaws made by the Local Authority and approved by the Local Government Board.
(Paragraph 1999.)
(7) That Local Authorities should be entitled to deal with a house according to a measure of un-
inhabitability set forth in Paragraph 2000, and should be entitled, with the sanction of the Local Govern-
ment Board, to add to the list of the subjects included in said measure of uninhabitabihty ; such measure
of uninhabitability to apply to houses of whatever rental, and that the limitation of rental specified in
sections 14 and 15 of the Housing, Town Planning etc.. Act, 1909, should be removed. (Paragraphs
2001 and 2002.)
(8) That a water survey of the whole water assets of Scotland should be made to ascertain and record
in a Government register what are the available supplies for the use of the inhabitants, and to what
areas such supphes should be directed, and the Central Authority should be given power to promulgate
and enforce comprehensive schemes for appropriate areas not necessarily coinciding with administrative
boundaries, and to adjust equitable terms of capital and maintenance charges to be borne by the
Authorities served by such schemes. (Paragraphs 2003 and 2008.)
(9) That the survey should include provision for drainage schemes, and that thereafter the matters
of water and drainage schemes should be dealt with as set forth in Paragraphs 2010-2012. (Paragraphs
2010-2012.)
(10) That an occupying owner with no capital to put his house in order should be dealt with by the
Local Authority as specified in Paragraph 2014, the main suggestion being that the Local Authority
should have power to advance a reasonable sum for execution of repairs. (Paragraph 2014.)
(11) That in regard to an owner of several bouses who, for want of capital, cannot execute necessary
repairs, the Local Authority should have power if they think fit to purchase the houses from such owner.
(Paragraph 2015.)
(12) That the Small DweUings Acquisition Act, 1899, should be amended so as to empower Local
Authorities to advance up to nine-tenths of the value of the houses, and that the market value of the
houses in respect of which an advance may be given should be increased from £400 to £600, that this
Act should be classed as one with the other Housing Acts, that the Local Authority for the carrying of
it out should be the Local Authority for the administration of these Acts, and that the functions of the
Secretary for Scotland under the Act should be transferred to the Local Government Board. (Para-
graph 2019.)
(13) That Local Authorities should have powers to sell houses erected by them to tenants under
financial arrangements similar to those available under the Small Dwellings Acquisition Act, 1899.
(Paragraph 2020.)
(14) That Local Authorities should be assisted by State grants to house workers with low wages,
or who are under disability to pay an adequate rent, the extent of the assistance suggested being set .
forth in Paragraph 2022. (Paragraph 2022.)
(15) That the necessity for improvement and reconstruction schemes in the cities is so vital that
grants for a period of fourteen years after the war should be available to Local Authorities undertaking
such schemes. (Paragraph 2025.)
(16) That Local Authorities should be empowered to give assistance in the provision of suitable
houses for persons suffering from tuberculosis. (Paragraphs 2026 and 2027.)
(17) That Local Authorities should have power to accept donations from employers of labour
towards housing schemes promoted by Local Authorities, to which a condition is adjected that for a
limited period such employers should have first call upon the houses for the use of their employees.
(Paragraph 2028.)
(18) That Local Authorities should have power to feu land for shops, schools, churches, halls, etc.
(Paragraph 2029.)
(19) That in housing schemes established by Local Authorities they should, so far as possible,
set up under suitable regulation Committees of Management selected from among the tenants. (Para-
graph 2032.)
(20) That Local Authorities should be empowered to make byelaws (subject to the approval of the
Local Government Board) on the following points regarding the construction of tenements : —
(1) Number of houses entering from one common stair ;
(2) Position, lighting, and ventilation of common stair;
(3) Width of streets between forecourt or parapet walls ;
(4) Distance of building-line of tenement from the line of front parapet wall ;
(5) The extent of open space about each tenement relative to the building area. (Paragraph
2034.)
(21) That structural cost of houses should be reduced as much as possible by : —
(a) Careful planning arrangements ;
(b) Standardisation of fittings ;
(c) Use of economical materials. (Paragraph 2039.)
(22) That the Local Government Board should assist Local Authorities by issuing model plans of
houses and specifications. (Paragraph 2040.)
(23) That a sum should be placed at the disposal of the Local Government Board for experimental
purposes in determining what types of construction are most suitable. (Paragraph 2041.)
(24) That as a condition of obtaining housing loans and grants, Local Authorities should be
required to town-plan areas in which houses are to be built or to submit for the approval of the Lor^l
Government Board plans for the lay-out of sites. (Paragraph 2042. )
(25) That sewerage and sewage purification works should be relieved of all assessments for local
rates or for income tax. (Paragraph 2043.)
(26) That in connection with an improvement scheme, Local Authorities should be entitled, if
REPORT. 313
they see JBt, to rebuild Louses in the cleared-out area without the consent of the Local Government
Board. (Paragraph 2045.)
(27) That Local Authorities should have power to prevent an owner from erecting on the site of
buildings demolished under section 18 of the 1909 Act, any business premises or dwelling-houses or
other buildings which would, in the opinion of the Local Authority, impede the ventilation of adjoining
buildings or be dangerous or injurious to the health of the neighbouring inhabitants : and further, that
Local Aiithorities should have power to purchase the site of demolished buildings for housing purposes ;
and finally, that they should have power to require the sites of demoUshed houses to be kept in a tidy
condition. (Paragraph 2047.)
(28) That there should be exemption of Local Authority houses from income tax. (Paragraph 2048.)
(29) That Local Authorities should have power to pay the travelling expenses of their members.
(Paragraph 2051.)
(30) That the Imperial exchequer should make available each year to the Central Authority a
sum to enable that Authority to assist the more necessitous districts in the administration of pubUc
health generally, and the Central Authority, on a survey of the year's needs, should be empowered to
assist such districts according to those needs, and having regard to all the circumstances of the particular
cases. (Paragraph 2052.)
CHAPTER XXXI.
HOUSING POLICY {continued).
Further Minor Reforms.
Demolition of Houses Unfit for Human Habitation.
2053. One of the most difficult problems in connection with the housing of the working classes is
connected with the closure and demolition of houses which, by reason of dilapidation or because of their
insanitary condition, are unfit for habitation. Section 17 of the Housing, Town Planning, etc.. Act,
1909, states that it is the duty of every Local Authority to make an Order prohibiting the use of a
dwelUng-house that is in a state so dangerous or injurious to health as to be unfit for human habitation.
That section then describes certain procedure connected with Closing Orders. Section 18 prescribes
that where a Closing Order has remained operative for a period of three months, and the house has not
been rendered fit for human habitation, and the necessary steps are not being taken with all due dihgence
to render it so fit, or that the continuance of any building being or being part of the dwelling-house is
a nuisance or dangerous or injurious to the health of the public or of the inhabitants of the neighbouring
dwelling-house, the Local Authority shall order the demolition of the building. We observe here, because
it is necessary for the argument which follows, that the Local Authority have no option in this matter.
They are bound, in the circumstances stated, to have the building demolished. The section proceeds
that if an owner undertakes to execute the works to render the dwelling fit for human habitation,
and the Local Authority consider that it can be so rendered fit for human habitation, they may, if they
think fit, postpone the operation of the Order for such time, not exceeding six months, as they think
sufficient for the purpose of giving the owner an opportimity of executing the necessary work.
2054. In the case of a building containing a single dwelling-house, the duty put upon the Local
Authority is easily ascertainable, and, from the practical point of view, is not difficult to carry out. We
have, however, to consider other cases which lead to great difficulty. In the cities and towns of Scotland,
and in most of the industrial areas, the working classes are, as we have shown, housed generally in
tenement buildings. These buildings contain dwelling-houses for a number of families, ranging, especially
where there are a number of one-room houses, up to sixteen, twenty, and even more houses. Further,
it has to be kept in view that in such tenement buildings certain adjuncts of a. dwelling-house, such
as walls, roofs, rones, passages, stairs, and very often sanitary conveniences, are common to all the
dwelUng-houses in the building. In all the congested areas of our towns and cities there are many of
these tenement buildings which, taken as a whole, have reached a state of dilapidation and disrepair,
and which it is desirable in the interests of pubhc health should be demohshed as soon as possible. The
question has arisen, however, as to what constitutes a dwelling-house in the sense of the 1909 Act.
2055. In the case of KirJcpatrick v. the Local Authority of the Burgh of Maxwdltovm (1912 Session
Cases, 288), a question was raised as to whether a tenement of dwelling-houses was a " dwelling-house "
in the sense of the Act and whether a Closing Order was competently issued with regard to a whole
tenement generally. The case was decided on 21st December 1911 by the First Division of the Court
of Session, the judges being the Lord President (Dunedin) and Lords Johnston and Mackenzie. The
Lord President gave the leading opinion. He stated : —
I am of opinion that the expression " dwelling-house " may include a whole tenement, even
although that tenement comprises four dwelling-houses. The whole question is one simply of
identification. If a Closing Order names Nos. 58 and 59 of such-and-such a street, that means the
whole block of dwelhng-houses that are known as Nos. 58 and 59. There is no question that if
Nos. 58 and 59 are broken up into a set of flats in such a Closing Order you take it upon yourselves
to say that each and every dweUing in that tenement is unfit for hunxan habitation and ought to be
closed ; and if it were the fact that one of them was in a good state, that Closing Order on appeal
would be held to be a bad Closing Order, because it would close something that ought not to be
closed. But to say that a Closing Order is, on the face of it, bad because it closes Nos. 58 and 59
en bloc, is to say something for which there is no warrant in the statute at all.
314 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
I agree with what was said in one of the English cases, that, first of all, decisions under one
statute are not to be used in helping you with another ; and secondly, that, unless there is something
to a contrary effect in the statute, you are to take " dwelling-house " in the ordinary acceptation
of the word. Of course, you may have a dwelling-house within a dwelling-house, and I do not doubt
that a Closing Order can completely close one dwelling-house within a tenement, if it says so, and I
think the whole matter is one of identification. I think that is quite clear fronl the section I have
read about a room three feet below the surface of the street. I do not know how you would particu-
larly describe a dwelling-house in a tenement in Glasgow. Are you to .say, " No. 39 Gallowgate, three
' stairs up, second room to the back ? " But it is not necessary for us to give any opinion on that.
That is, after all, a detail of administration with which we are not here concerned. But if the
Authority is of opinion that the whole tenement is bad, I do not see why it should not say so by
using the ordinary words by which a tenement is designated — " Nos. 58 and 59 so-and-so." Even
if you look at a directory that is the way a tenement is described. I am therefore of opinion on this
matter also that the Closing Order was not inept on any such view.
2056. It will be observed that the question argued and decided was one of identification. Pre-
sumably the tenement houses referred to were all in one ownership, and the decision of the Court was
that one Closing Order might be issued in regard to the whole tenement.
2057. We now point out that section 17 (6) of the 1909 Act states that : —
The Local Authority shall determine any Closing Order made by them if they are satisfied that
the dwelling-house in respect of which the Order has been made has been rendered fit for human
habitation.
2058. The question was not raised in the case of Kirkpatrick as to whether, if the owner had rendered
one or more of the dwelling-houses fit for habitation, the Local Authoritv were bound to recall the Closing
Order quoad that house or houses, nor was it argued as to what the efiect of disrepair and dilapidation
of the common adjuncts of all the dwelling-houses in the tenement, such as roof, rones, etc., as specified
above, would have had in a question of determination of the Order quoad any particular dwelling-houses
which might have been rendered in themselves fit for habitation.
2059. Before passing to the next case on the subject, we point out that it is an exceedingly serious
matter for Local Authorities if, in regard to these old dilapidated tenement buildings, the provisions of
the Act of Parliament anent demoHtion can be elided by — ^to take an extreme case — iiie owner bringing
one of many houses in a tenement up to a state of habitation. Further, there is this curious result, that
although the Act of Parhament ordains Local Authorities to demolish houses unfit for habitation, it
would be impossible in the case referred to to give effect to the statutory provisions. Suppose — again to
take an extreme case for the purposes of the argument — all the houses in a tenement except those on the
top fioor are unfit for habitation, and ought to be demolished. It is impossible to demolish them without
at the same time demohshing the houses on the top storey, which it is assumed are fit for habitation.
The result would be that the whole of that tenement except the top storey would remain closed, an
unsightly building, drifting fast to extreme decay — ^a menace to public health.
2060. Another case on the subject to which we refer is M'Diarmid v. Executive Committee on
Housing of the Corf oration of Glasgow, 1917, 1 Scots Law Times, 158. This case referred to eighteen
dwelling-houses included in a tenement all consisting of one room or of two rooms at No. 26 Claythom
Street, Calton, Glasgow, of which Mrs Catherine M'Diarmid was the owner. The Executive Committee
on Housing of the Corporation of Glasgow pronounced an Order applicable to the whole tenement as
one dwelling-house prohibiting its use for human habitation until it should be rendered fit for that
purpose. The First Division of the Court of Session (the judges being the Lord President (Strathclyde)
and Lords Skerrington and Anderson) held that the Closing Order was uUra vires and inept in respect
that it would have the effect of closing all the eighteen dwelling-hoiises until every one of them was
rendered fit for human habitation. It is clear from the judgment that the service of one notice in
respect of the whole tenement was deemed unobjectionable. That is simply a matter of identification.
The Lord President (Strathclyde) remarked, however : —
Of course, if the Local Authority took advantage of this mode of expression then they must
also face certain risks. They are confronted with the peril of finding that one or two, or it may be
more, are in a state fit for human habitation, and in that case their Order goes by the board.
2061. Following upon that decision, the Corporation of Glasgow have been in communication with
the Local Government Board. The Town Clerk of Glasgow has also put before us the position of his
Corporation. Shortly stated, their position is that if Closing Orders require to specify or contain the
number of houses in the tenement, and if as each house in the tenement is repaired and made fit for
habitation the Order quoad that particular house is to be recalled, further procedure under the Housing
Acts with regard to demolition of uninhabitable dwelling-houses in tenements will at once come to an end
because an owner will almost certainly, in order to prevent the demohtion of his property, carry out
the minimum repairs required by the Closing Order.
2062. After careful consideration of the whole question, it seems to us that the difficulty arises by
reason of want of specification in the Act of Parliarment of what a " dwelling-house " is. The Act does
not seem to have taken into account the complications of tenemental housing which obtains so largely
throughout Scotland. Clearly it will be regrettable if in a city like Glasgow demolition of uninhabit-
able dwelling-houses or buildings is prevented or impeded. The complaint of the Corporation of
Glasgow is that so long as one out of a number of houses in a tenemental dwelling is put into a fit
state for habitation, demoHtion, as a practical proposition, is ruled out by the law as it stands at
present. On the other hand, if all the dwelUng-houses are to be treated as one, the logical ' conclu-
sion of Glasgow Corporation's contention in an extreme instance would be that even although all the
dwelling-houses, except one, were rendered fit for habitation, still closure and demolition should be
competent because of the single defaulting house. Such an extreme case is not likely to arise, because
Local Authorities in using the powers referred to in the 1909 Act, in so far as tenements are concerned.
REPORT. 315
natxirally confine themselves to the class of tenement of a slum kind in a state of dilapidation generally.
There is the further circumstance alluded to already, that in the class of property referred to, the
dilapidation of the common adjuncts, such as roofs, rones, stairs, passages (dilapidated or badly
ventilated), have all a bearing on the state of fitness of the tenement as a whole, and therefore of each
house in the tenement.
2063. Where, as obtains generally in Glasgow, a tenement containing several houses is in one owner-
ship, a solution is not so difiicult as in the case whiich obtains more usually in Edinburgh and other cities
and towns in Scotland, of tenement houses being held by different owners. Where a tenement is held
by one owner he is exclusively responsible for that building as a whole, including all the common adjuncts.
Moreover, apart from the common adjuncts, he should not be allowed to defeat the purpose of the Act
by bringing, say, one of the houses up to a state of habitation and so preventing demohtion. Li our
view, in such a case Local Authorities should be entitled to treat a tenement owned by one individual
as a whole. The residt would be that if, after a Closing Order was pronounced, the owner did not bring
the whole building and all the houses up to a state fit for human habitation, demohtion would follow.
There seems no imfairness in this, because the owner has it in his power— if the building is capable of
repair — to render the whole of it fit for habitation. He is not hampered by difficulties with other owners.
2064. The other case, however, of a tenement owned by several proprietors is more difficult. To
illustrate the difficulty, assume a case where nine out of ten houses are dilapidated, and the owners do
not make them fit for habitation or offer to do so, but that the tenth house is in itself either fit for habita-
tion or capable of being made so, or the owner makes a bona fide offer to have it made fit for habitation :
but let it be assumed also that the common adjuncts — roofs, rones, walls, etc. — are dilapidated, and the
owner of the house which is fit or capable of being made fit for habitation cannot induce the owners of
the other houses to join with him in putting the common adjuncts in order — what is to be done ? It
is very desirable that in the interests of pubhc health this tenement building should be demolished. The
wilhng owner of the single house in the assumed case above referred to is placed in an awkward position,
however ; and yet his case cannot be allowed to stand in the way of an improvement in the interests
of the health of the community. The owner referred to has a joint responsibility in regard to the common
adjuncts, and he has certain rights at common law which would enable him to compel the other owners
to join with him in having these adjuncts put right, and yet a process at law is expensive, and it cannot
be expected that owners of small houses will proceed against other owners in the same tenement to
compel them to fulfil their obligations. If, however, the statute is to be obeyed, and if pubhc health
interests are to be paramoimt, as they ought to be paramount, the individual case of hardship cannot be
allowed to block the way. These insanitary tenemental buildings, not capable as a whole of being made
fit for habitation, must be demohshed.
2065. We suggest that where a building contains houses belonging to more than one owner, and
one or some of the houses therein are habitable, and it is not possible to demohsh the insanitary houses
without also demohshing the habitable houses, the building should be demohshed and the owners of
the insanitary houses required to pay compensation to the owner or owners of the habitable houses, as
the same may, f aihng agreement, be determined by an arbiter appointed by the Local Government Board.
This would enable demolition of the whole bmlding to be effected. It should also be provided that
if the owner of the habitable houses so desires, he shall have the opportunity and right of taking over
from the owner of the insanitary houses his rights and interests in the said houses on condition that the
first-mentioned owner undertakes to put the whole of the premises into a proper condition, to the satis-
faction of the Local Authority within a period to be specified by them, the price to be paid by the owner
of the habitable houses to the owner of the uninhabitable houses to be as may be agreed between them.
or, faihng agreement, as may be determined by an arbiter appointed by the Local Government Board.
This provision would enable a willing owner, where a property was not as a whole so dilapidated as to
be incapable of being properly reconstructed and repaired, to avoid demohtion of his house by becoming
owner of the whole tenement, and so obtaining a position which could enable him to put the whole
property right. The price to be paid in such circumstances as those above mentioned should not, in
the general case, extend beyond the proportion of the site value of the subjects. In other words, the
uninhabitable property would be valued, subject to the Closing Order proceedings hanging over it, and we
think there should be a special direction to the arbiter on the hues above indicated.
2066. Further, where a building contains houses belonging to more than one owner, and, while all the
houses are insanitary, one or more of the owners is or are willing to make their houses habitable while
the others are not so prepared, the wilhng owner or owners should have the opportunity and right of
acquiring the rights and interests of the unwilling owners under a procedure similar to that narrated in
the preceding paragraph. This provision should be available to a joint owner of a dwelling-house or
dwelling-houses';
2067. For the purposes of the above provisions, dwelling-houses should be held to include shops.
Repair and Reconstruction of Tenement Property.
2068. There is an aspect of the housing question more pecuhar to the larger cities and the populous
districts which we consider it is necessary should be dealt with, and that is with regard to tenement
property which, while not in such a condition as to warrant or necessitate the application of Closing Order
proceedings, is yet in great need of being dealt with in order to bring it up to such a standard as we have
in view for the future housing of the working classes.
2069. Many of the properties which we have in mind consist of flats of former days which have been
subdivided and now house a number of famihes. Such buildings are not in the condition that they
could be termed " unfit for human habitation." They are externally substantial, although internally
they are unsatisfactory in many respects. They require considerable rearrangement, and in many
instances call for a substantial reduction of the number of houses to be occupied in the tenements. The
existing statutory provisions are not in many respects suitable to deal with such properties.
2070. Section 15 of the Act of 1909 empowers the Local Authority to require the execution of such
works as may be necessary to make a house in all respects reasonably fit for human habitation, but it
316 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
seems to us that alternative powers more direct and applicable to certain conditions should be conferred
upon Local Authorities and their officers, particularly as regards (1) minor repairs and (2) internal recon-
struction of subdivided houses or tenements.
Minor Repairs.
2071. As regards (1) we refer to our recommendations in Chapter XXXII. under the heading
" Maintenance of Houses."
Heconstnwtion of Subdivided Houses or Tenements.
2072. On the subject of subdivision of houses and tenements we refer to Paragraphs 404 to 413,
and 538 and 539. In the larger cities and burghs of the country, where tenements are common, the
conditions existing in subdivided tenements are miich in need of proper control and correction. Probably
the latest statutory enactment upon this point is the Edinburgh Corporation Act, 1913, section 79,
which enacts :—
No person shall build any tenement of houses or increase the number in any existing tenement
so that more than nine separate houses therein shall enter from one common stair or passage within
the tenement, or more than twelve separate houses shall enter from a common stair or balcony, . . .
and no person shall, without the consent in writing of the Corporation, increase the number of
houses in any existing tenement where at the passing of this Act there are in such tenement more
than nine separate houses entering from one common stair or passage within the tenement, or more
than twelve separate houses entermg from a common stair or balcony outside the tenement.
2073. There are also the provisions of the Burgh PoUce (Scotland) Act, 1892 (section 171), which
limit the number of houses entering from a common stair, but these desirable enactments are not
applicable to existing tenements.
2074. Unless therefore where houses or tenements already subdivided are closed by " Closing Order,"
and subsequently reconstructed, the application of the above provisions is restricted primarily and
substantially to houses not yet subdivided.
2075. We are impressed with the need for an attempt at reduction of the number of separate families
living in many tenements, and if the provisions of the Burgh Police Act in regard to increasing the
number of houses in any existing tenement were made applicable to houses already subdivided, a great
step would be taken towards the regeneration of many city dwellings, and their adaptation to modern
ideas and sanitary necessities. The operation of such a power — if conferred — should, we think, vest in
the two responsible officers (Health and Structural) of the Local Authority, viz. the Medical Officer of
Health and the Engineer, Surveyor, or Master of Works, who upon being satisfied of there being an
excess number of separate families entering from any one common stair, or of its unsuitable construc-
tion, or of its want of adequate dayhght and ventilation, might serve an order upon the owners
requiring—
(a) A reduction in the number of families occupying the tenement ; or
(6) Such improvements in the common stair and passages as will secure adequacy of daylight and of
ventilation for the houses entering therefrom.
Initiative by the Officers of a Local Authority towards Reconstruction.
2076. As to whether Orders of the nature before referred to should be served by the two responsible
skilled medical and structural or works officers of the Local Authority, we put stress upon that, as we
consider such a course has much to commend it in such matters. Many of the Orders served — especially
for repairs only — will relate to matters involving small expenditure although urgent in kind, and the
owners will always have the right of appeal against such Orders, firstly to the Local Authority, and
secondly to the Local Government Board, to whom also appeal may be made at the instance of the
two officers from a decision adverse to their views, which the Local Authority might give.
2077. It is important that the Local Authority (constituted as the first Court of Appeal) should
be unbiassed and unhampered by any knowledge or previous Act or resolutions passed by them with
respect to the subject matter of the Order, and in order that full justice be done, and that the matter
may be capably dealt with — we suggest that it should be competent for either side to invoke the Local
Government Board as the final appellate body in questions of fact and of skill.
Valuation and Adjustment in respect of Extinction or Interference with Individual Holdings
in a Tenement owned in Common,
2078. One effect of the operation of such powers for reduction of intensity in subdivided tenements
will be, in many cases, their need for internal reconstruction, so as to render the Order of practical effect.
And out of this will arise questions as to the unequal shares or proportions of the burden that will have
to be borne by individual owners in the carrying out of any such order, because of the greater or the
lesser interference with the individual holdings. ,Thus, whilst it is true that in certain cases individual
houses in a subdivided tenement may escape interference, there will be other houses the whole or parts of
which may disappear, so as to give room or space for such segregation or rearrangement, and for the
carrying out of such works as may be ordered. Unequal sacrifice of individual interests, which may be
altogether extinguished or even only injured, for the collective benefit of other interests which might
survive unimpaired, should obviously be avoided. It would be necessary therefore that a skilled valuer
should be appointed for the determination of the shares and interests that may be extinguished or
reduced, or otherwise affected disproportionately to other interests, in the execution of orders for improve-
ment relative to subdivided tenement property held in common by two or more owners. We accordingly
suggest that where the owners cannot agi-ee among themselves as regards their division of interest, any
one of them (or, on the failure of all the owners, the Local Autho'-ity) may apply to the Local Govern-
REPORT. ■ 317
ment Board to appoiut a skilled valuer to dctermiue the vaiiovi.s iuterewts in tlie propeity and adjust the
new interests therein consequent upon the carrying into effect of the Order. The expenses of these
proceedings should be borne among the various owners in the manner determined by the valuer.
Summary of Recommendations and Suggestions in Chapter XXXI.
(1) That if insanitary dwelling-houses are comprised in a building which also contains dwelling-
houses that are habitable, and it is not possible to demolish the insanitary houses without equally
demolishing the habitable houses, the demolition procedure of section 18 of the Act of 1909 should apply
if the building is wholly the property of one owner. (Paragi'aph 2063.)
(2) That where a building contains a house or houses belonging to more than one owner, and some
of the houses therein are habitable, but it is not possible to demolish the insanitary houses without also
demolishing the habitable houses, the owner of the insanitary houses shall be required to pay compensa- ■
tion to the owner or owners of the habitable houses as the same may, faihng agreement, be determined
by an arbiter appointed by the Local Government Board. Provided that if the owner of the habitable
houses so desires, he shall have the opportunity and right of taking over from the owner of the insanitary
houses his rights and interest in the said houses, on condition that the first-mentioned owner undertakes
to put the whole of the premises into a proper condition to the satisfaction of the Local Authority within
a period to be specified by them, the price to be paid by the owner of the habitable houses to the owner
of the uninhabitable houses to be as may be agreed between them, or, failing agreement, as may be deter-
mined by an arbiter appointed by the Local Government Board, who should be specially directed, as
suggested in Paragraph 2065. (Paragraph 2065.)
(3) That where a building contains a house or houses belonging to more than one owner, and while
all the houses are insanitary, one or more of the owners is, or are, wilUng to make their houses habitable,
while the others are not so prepared, the willing owner or owners shall have the opportmiity and right of
acquiring the rights and interests of the imwilling owners under procedure similar to that narrated in
(2) supra. This provision shall be available to a joint owner of a dwelling-house or houses. (Paragraph
2066.)
(4) For the purposes of the above provisions, dwelling-houses shall be held to include shops.
(Paragraph 2067.)
(5) That the provisions of section 171 of the Burgh Pohce (Scotland) Act of 1892, limiting the number
of houses entering from one common stair or passage should be made applicable to existing subdivided
tenements, and that orders for such alterations, including structural alterations necessary to secure
adequate lighting and ventilation, etc , should be served on owners by the officers of the Local Authority
under procedure and with rights of appeal, as stated. (Paragraphs 2075 and 2076.)
(6) That to adjust and determine the various owners' interests affected by the Order, an arbiter
should — failing agreement — be appointed by the Local Government Board. (Paragraph 2078.)
CHAPTER XXXII.
HOUSING POLICY (continued).
Further Minor Reforms.
2079. In the course of the evidence submitted to us, various general defects in the existing machinery
for carrying out the Pubhc Health and Housing Acts have been revealed. Many of these have already
been referred to and appropriate recommendations made in other portions of this Report. In this
chapter we have grouped those that remain, and we make recommendations for the removal of the
difiiculties that have been experienced by Local Authorities and their officers, or by the Central Depart-
ment, viz. the Local Government Board.
I. Nature of Appeal Authority.
2080. We have received a considerable amount of evidence showing dissatisfaction with the present
method of appeal against decisions of the Local Authority on the subject of Closing and Demolition
Orders under the Housing Acts, and this has led us to consider the whole question of the most suitable
court of appeal against decisions or requirements of the Local Authority under the Public Health and
Housmg Acts generally. For the purpose of clearly imderstanding the present position it is necessary,
first of all, to repeat somewhat the existing statutory provisions regarding appeals which have already
been referred to in Chapter V.
» (1) Under the Housing Acts.
2081. We propose, first of all, to deal with appeals under the Housing Acts, and we shall set out
briefly the procedure under the six main matters that are dealt with under these Acts, viz. Improvement
Schemes, Reconstruction Schemes, Obstructive Buildings, Closing and Demolition Orders, Housing
Schemes, and Town- Planning Schemes.
2082. Improvement Schemes. — By means of these schemes it is possible to deal with large areas of
insanitary or slum property affecting in every case large property and other interests. By such a
scheme a Local Authority may provide for the widening of approaches to the unhealthy area or other-
wise for opening out the same for purposes of ventilation or health ; for the provision of dwelling
accommodation for the working classes displaced by the scheme ; for proper sanitary arrangements ;
and, generally, for any other matters for which it seems expedient to make provision. It will be seen
therefore that matters of very great importance to many persons may fall to be dealt with in such ar
318 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
scheme. When the Local Authority have formed their scheme, they must give public notice of the
fact of such a scheme having been made ; thereafter a notice has to,|be served on all parties interested
either as owner, lessee, or occupier of land or premises proposed to be taken. When this procedure has
been carried out, the Local Authority present a petition to the Local Government Board asking for a
confirming Order. It then rests with the Local Government Board, after local inquiry and hearing all
the various parties interested, to determine whether or not the scheme should be approved, and there
is no appeal from the decision of the Local Government Board on this point. Prior to the passing of
the Housing, Town Planning, etc.. Act, 1909, however, the confirming Order could not, so far as Scotland
was concerned, become operative xmtil it had been confirmed by Act of ParUament. The 1909 Act
made the Board the final authority so far as the merits of the scheme are concerned, and it will be
realised that the duties imposed upon them in connection with such schemes are by no means purely
administrative, but are largely judicial. Questions of compensation under the scheme do not, however,
fall to be determined by the Board, but by an arbiter appointed by the Board.
2083. Reconstruction Schemes,— K reconstruction scheme is in all essentials practically the same as
an improvement scheme, and the procediire outlined above applies, the scheme requiring the confirmation
of the Local Government Board, whose decision is final.
2084. Obstructive Buildings. — In these cases, as explained in Chapter V., the house may not of itself
be imfit for habitation, but it has, by reason of its situation, the effect of making neighbouring
buildings iminhabitable. In such cases the Local Authority have power to make an Order directing that
the building shall be pulled down. The owner, however, may appeal to the SherifE against the Order of
the Local Authority.
2085. Closing and Demolition Orders. — ^When a Local Authority are satisfied that a house is in a
state so dangerous or injurious to health as to be unfit for human habitation, they must make an Order
prohibiting the use of the house for human habitation luitil, in their judgment, it has been rendered fit
for that purpose. This Order is termed a " Closing Order," and the owner of the house afiected may appeal
to the SherifE against the decision of the Local Authority. In England the appeal in such cases, which,
under the Housing of the Working Classes Act, 1890, was to the Court of Quarter Sessions, is now, by the
Housing, Town Planning, etc.. Act, 1909, to the Local Government Board. As regards Demohtion Orders,
i.e. Orders of a Local Authority requiring houses to be demohshed, the same procedure as to appeals
applies. In Scotland the appeal is to the SherifE ; in England it is to the Local Government Board.
2086. The above remarks apply to the provisions of the general statutes. Some Local Authorities,
as shown in Chapter V., have special powers tmder local Acts, under which there is no appeal even to the
SherifE against the Local Authorities' Orders regarding Closure and Demohtion. Thus, in Edinburgh
and Aberdeen there is no appeal against a Closing Order made by the Local Authority, and in Dimdee
there is no appeal against a Demolition Order.
2087. Housing Schemes. — ^While there is no definite appeal given by statute against any proposal
of a Local Authority to erect houses for the working classes, there is a control exercisable by the Local
Government Board in that the consent of that department is necessary before the Local Authority can
borrow money to defray the cost of any housing scheme they propose to carry out.
2088. Toum-Planning Schemes.- — As stated in Chapter V., the general purpose of the town-planning
portion of the Housing, Town Planning, etc.. Act, 1909, is to give Local Authorities a controlling voice
in the development of land in and around their district, so as to secure proper sanitary conditions, amenity,
and convenience in the laying out and use of such land. Much more than improvement schemes, town-
planning schemes will affect interests of great magnitude and of very diverse kinds. The fourth schedule
to the Act sets out the various matters that may be dealt with in a town-planning scheme, and it will
be gathered from these, that a town-planning scheme may in effect be practically the equivalent of
a local Act of Parliament. There are two steps described in the Act for the carrying through of a town-
planning scheme. In the first place the Local Authority require authority to prepare a scheme, and in
the second place, when the scheme has been prepared, it must be approved. This authority and this
approval fall to be given by the Local Government Board, and it will, we think, be accepted that the
functions of the Board will be of a highly judicial character, having, as they may, to decide in many matters
falhng within the scope of the scheme between various conflicting interests.
2089. It has, however, to be noted that the Act makes provision whereby ParUament may intervene
before a scheme becomes operative. Thus the Local Government Board, before giving their approval
of a town-planning scheme, must give notice of their int-ention to do so in the [Edinburgh jSazette, and
if within a specified period any person or authority interested objects, the draft of the Order approving
the scheme must be laid before both Houses of Parhament, and if either House dissents, no further pro-
ceedings may be taken. There is a similar provision in cases where the scheme contains provisions
suspending any enactment of a public general Act.
(2) Under the Public Health Acts and Burgh Police Acts.
2090. Generally speaking, it may be said that under these Acts appeals against decisions of Local
Authorities, or proceedings by Local Authorities, for removal of nuisances, etc., fall to be taken before
a sheriff, magistrate, or justice of the peace. There are, however, certain matters in regard to which
the Local Government Board are the appeal or deciding Authority. Thus in regard to all byelaws made
imder the Public Health (Scotland) Act, 1897, which include byelaws for regulating the building or re-
building of houses, for the regulation of common lodging-houses, houses let in lodgings and farmed-out
houses, tents, vans, sheds, and similar structures, the confirmation of the Local Government Board is
necessary before the byelaws come into operation. In regard to byelaws under the Burgh Pohce Acta,
the statute provides that all such byelaws must be confirmed by the Secretary for Scotland, and that,
in addition, such byelaws as relate to sanitary matters must also be confirmed by the Local Government
Board, byelaws as to non-sanitary matters being confirmed by the Sheriff in addition to the Secretary
for Scotland. The byelaws as to sanitary matters includes byelaws as to the erection and construction
of houses and buildings, the carrying out of proper cleansing and scavenging arrangements, the inspection
and cleaning of cisterns, etc.
REPORT. • 3J9
2091. There are other matters (not, it is true, connected with housing, but having a direct bearing
on pubhc health) in these Acts in which the Local Groveniment Board are the appeal authority. Thus,
under the Public Health Act, the Board are the authority to whom appeals fall to be made agauist the
decisions of Local Authorities sanctioning or refusing to sanction the establishment of any ofEensive
business on a particular site. If the Local Authority sanction the establishment of such a business,
any person aggrieved may appeal to the Board, while, if the Local Authority decline so to sanction, the
person who proposed to set up the business may appeal to the Board. Similarly, any person refused by
the Local Authority a renewal of a licence for a slaughter-house or knackery may appeal to the Local
Government Board. Again, where Local Authorities fail to agi-ee on the terms of combination for the
purpose of erecting a joint fever hospital, the matter falls to be decided by the Board. They are also
the Authority for granting Provisional Orders under the Pubhc Health Act, authorising the putting in
force of the Lands Clauses Acts for the purpose of the compulsory acquisition of land in connection with
water, sewerage, and other schemes authorised by the Act, though, as explauied in Chapter V., machinery
is provided whereby the Board's decision may be reviewed by Parhament. Further, when a Local
Authority propose to construct without their district any sewer or other work for sewage purposes, the
Local Government Board are the authority who make inquiry into the propriety of the intended work,
and into any objections lodged, and determine whether or not, or on what conditions the work should
proceed.
2092. Under the Burgh Police Acts the appeal against requirements of the Town Council is to the
SherifE or the Court of Session. The Sheriff is also the authority, subject as after mentioned, for gi-anting
power to put the Lands Clauses Acts in force for any of the purposes of these Acts, but there is an appeal
against his decision to the Secretary for Scotland. Where the land required is for the purposes of a refuse
depot, the authority of the Local Government Board is first required.
2093. A very important provision in a recent Act bearing directly on public health and housing is
that contained in section 63 of the National Insurance Act, 1911, under which, in its application to Scot-
land, it falls to the Local Government Board to determine in cases inquired into by them whether or not
excess of sickness among insured persons is due to bad housmg or insanitary conditions, or to an inefficient
or contaminated water-supply, or to neglect on the part of a Local Authority to enforce the provisions
of any Act relating to public health or the housing of the working classes, and whether and how the extra
expenditme of approved Societies or Insurance Committees due to the above causes should be made good.
We understand no inquiry under the section in question has yet been held, but it seems clear that the
functions to be discharged by the Board in carrying out their duties imder the section in question will
by no means be purely administrative.
2094. We do not think we need enter here into any further details of the statutes on this subject.
We have given sufficient references, we think, to show that Parliament in passing the Housmg and Public
Health and Burgh Police Acts have regarded the Local Government Board as a suitable appeal authority
in respect of many of the provisions of these Acts. Other Acts confer similar appeal powers on other
Government departments, e.g. the Insurance Commissioners, the Board of Trade, the Education
Department, etc.
Evidence against Local Government Board as an Appeal Authority.
2095. We may now proceed to a consideration of the evidence before us on the subject of the most
suitable appeal authority for determining questions of dispute under the Pubhc Health and Housing
Acts, and it will, we think, be agreed that the weight of evidence which, as will be seen, refers specially
to the question of appeals against closing orders under the Housing Acts is greatly in favour of the sub-
stitution of the Local Government Board for the SherifE as the appeal authority.
2096. We might perhaps first deal with the evidence against any change of the existing system.
Only two witnesses spoke against transferring to the Local Govemiiient Board the appeal functions
at present exercised by the Sheriff, and, as wiU be seen, their views are^not strongly against the proposal.
One of these was Mr Macpherson, Legal Member of the Local Government Board. In reply to a question
on the point, he said : —
The reason for the difference (between the practice in England and Scotland as to the appeal
authority in connection with Closing and Demolition Orders) is that in Committee m the House
certain members who had not a very high opinion of the qualities or staff of our Board suggested
that appeals should be to the Sheriff, but since that time we have considerably added to oui- staff.
I do not think the matter is a very important one really, because I notice that with reference to 1353
Closing Orders which have been issued since the Act came into force, there have been only sixteen
appeals against them. On the whole — I am speaking for myself — I should prefer that we did not
have these appeals. The less we are brought into this sort of contact with Local Authorities the
better, I think. I would as soon leave it to the Sheriff, but it is a small matter. . . . I would rather
have the Sheriff, simply because I don't want us to be more of a judge over the authorities than
we can help. I want them rather to go hand in hand with us. That is why we always suggest
that instead of having power to issue a mandamus we should take them into Coui"t if need be and
get the Court to decide. (Macpherson, 80, 201.)
Our observation meantime on this evidence is that the legislature has already, as we have shown above,
conferred on the Local Government Board power to say whether or not whole blocks or streets of houses
should or should not be condemned by means of an improvement or a reconstruction scheme, and
there seems no reason why the Board should not be entrusted with the power of saying whether or not
an individual house should be closed and subsequently demolished.
2097. The second witness who did not wholly favour the change was Dr Campbell Munro, the
County Medical Officer of Renfrewshire ; and his evidence indicates that he was not very decided on
the point. He admitted that, were appeals made to the Local Government Board, uniformity of decisions
would be secured, which, owing to the changing of Sheriffs, was not secured at the present time ; but
320 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
lie coubiJoxed tliat the Local Governuieut Board wab ebbentially aii administrative body, iKjt a judicial
one, and that accordingly, in theory at least, it was not a perfect Court of Appeal, though he admitted
that in England, where appeals under the Closuig Order section of the Housing Acts were to the Local
Govemment Board, owners of property were quite safe in appealing to that Board. In his own personal
experience he said the Sheriff had proved an effective judge, but he admitted that/' when one has to
' regard the whole country and the exceptional Sheriffs you come across, then it is open to question
' whether there should not be an appeal to the Local Government Board." It was, he further said,
a distinct disadvantage that one. Sheriff's decision was in no way binding on another. Dr Munro sug-
gested that he would not seek to bring in the Local Government Board if there was an appeal from the
decision of the Sheriff to the Court of Session. He agreed that under this procedure the expenses would
be considerable, but submitted that " the very fact of the amount of the expense would make people
' very chary of going before either the Sheriff or the Court of Session." (Campbell Mimro, 37,379-90.)
Dr Munro's objections against the transfer of appeal functions to the Local Govemment Board are,
as will be seen, based on the view that the Local Govemment Board is an administrative and not a
judicial body. We need only refer to the outline above of the various duties that have been placed by
Parliament on the Board to show that, far from being a purely administrative body, the Board have been
vested with many duties which are essentially judicial, involving as they do the settlement of disputes
between Local Authorities and owners of land and property.
Evidence in Support of Local Government Board as an Appeal Authority.
2098. Turning now to the evidence of the witnesses who object to appeals being to the Sheriff, we
select first of all that of Sii- John Lindsay, the Town Clerk of Glasgow. As we have already shown, in
Glasgow, differing from Edinburgh and Aberdeen, there is an appeal to the Sheriff against any Order
of the Local Authority closing a house as imfit for habitation. Sir John considers that the Corporation,
with its special and peculiar knowledge of the housing conditions of the city, should have a free hand
to close and even to demolish houses — without any right of appeal to the Courts. If, however, an appeal
were allowed, he would prefer that it should be to the Local Government Board instead of to the Sheriff.
This view is also advanced by the City Engineer of Edinburgh. (Horsburgh Campbell, 18,796.) Sir John
Lindsay is strongly against appeals to the Law Courts. The general view of his Corporation is that the Courts
of Law do not look wath any great sympathy or encouragement on proceedings taken before them for
the closure and demolition of houses that, in the opinion of the Corporation, are unfit for human habita-
tion. The judges, he says, have really no personal knowledge of the real conditions under which the
poor of the city live, and are, in his view, " absolutely ignorant on this point." " I do not hesitate
' to tell you," he says, " that from the moment you enter the Court it is a fight with the Court all through.
' You have to fight the Court as well as your opponent."
2099. Sir John also refers to the great delay that often takes place before a decision can be obtained
in the Courts. " If I go down to-day to the Law Comts with a house certified as unfit for human
' habitation, I am in the Law Courts for months before I get out." The result is that, during the time
the matter is before the Court, the house which has been certified by the Officers of the Local Authority
as uninhabitable continues to be occupied. The witness was also In favour of the Local Govemment
Board being authorised to decide any points of law that might arise in the course of any appeal to them.
He thought the Board through its legal members were quite qualified to dispose of any question of
law likely to arise. (Lindsay, 23,235 (50), 23,245-67.)
2100. The other evidence before us in support of an appeal to the Local Govemment Board follows
much the same lines as that of the Tovm Clerk of Glasgow summarised above. Thus Sir Thomas Mimro,
the County Clerk of Lanarkshire, considers that the Sheriffs and Law Courts generally are very apt to
pay too much attention to technicality, and that the power should be in the hands of the Local Govem-
ment Board. " I should imaginfe," he adds, " most Sheriffs would be glad to be rid of the position in
* which they are put of practically controlling the Local Authorities in the discharge of their executive
' duties." (27,668, 27,679-80.) Mr Whyte, the Clerk to the Middle Ward District Committee of
Lanarkshire, gave evidence in similar terms (37,068, 37,092-5), as did also the Medical Officer of
Health of Dundee (Templeman, 35,840), the Medical Officer of Aberdeen (Matthew Hay, 41,334 (68),
41,406), and the Sanitary Inspector of Leith (Bishop, 6000-3).
2101. Another witness, the Sanitary Inspector and Burgh Surveyor of Clydebank, who is dis-
satisfied with the present procedure before the Sheriff, suggests that more uniformity of practice and
better results would accrue if the Sheriff were required, in all cases where he considers it necessary before
he can come to a decision to have a report by " a man of skill " to remit all such cases to the Local
Govemment Board to be reported on by one of their officers. (Ross, 33,719 (15-16), (68), 33,752,
33,830-33.)
Advantages or Local Government Board as the Appeal Authority.
2102. On a careful consideration of all the evidence on this subject, we have no hesitation in re-
conmiending that, not only as regards appeals against Closing and Demolition Orders made by Local
Authorities under the Housing Acts, but as regards other matters pertaining to housing and public
health, appeals or proceedings which at present jail to be decided by the Sheriff should be referable to
or taken before the Local Government Board. We think the evidence of such experienced admini-
strators as the Town Clerk of Glasgow, the Coimty Clerk of Lanarkshire, the Clerk to the Middle Ward
District Committee of Lanarkshire, and the other witnesses referred to above cannot be brushed lightly
aside, pointing as it does to the necessity, in the interests of housing and public health, of the appeal
authority being one intimately acquainted with conditions of housing and public health throughout
Scotland. This authority, in our view, should be the Local Groverimient Board, enlarged and strengthened
as we suggest elsewhere in this Eeport.
2103. The advantages claimed for this change are : — (1) The establishment of imiformity through-
out Scotland in dealing with insanitary houses and with defective sanitary conditions generally ; (2)
REPORT. 321
a more sjmapathetic and a broader consideration of the requirements and intentions of the statutes ; and
(3) a naore speedy and less expensive method of determining disputes. It does not seem necessary to
elaborate these points ; they are discussed fully in the summary given above of the evidence of various
witnesses. One or two additional observations may, however, be made. In Chapter X. on " Occu-
' pancy," we have cited cases which show the divergent views taken by Sheriffs, not only on the subject
of the conditions necessary to exist before a house can be held to be so dangerous or injurious to health
as to be a nuisance or unfit for human habitation, but also on the extent to which in coming to their
decisions they are to be bound or influenced by the progress of ideas in regard to sanitation since the passing
of the Act, the interpretation of which they are asked to determine. One Sheriff, as will be seen, appears
to take the view that the standard in vogue at the passing of the Public Health (Scotland) Act in 1897
is to remain the standard by which that Act is to be interpreted and administered until it has been
amended — a period of time which may extend to many years (the 1867 Public Health Act was thirty
years old before the amending 1897 Act was passed), that in fact the progress of ideas in regard to health
and sanitation and the improved standard of housing now generally admitted to be desirable and reason-
able are to have no weight, and that for probably many years the Local Authorities and the people of
the country are to be content with a standard of health and housing much behind the times. The Law
Courts, we hold, are not suitable bodies to determine whether or not a nuisance exists injurious or
dangerous to health, or whether a house is unfit for human habitation. They have not, as Sir John
Lindsay says, the necessary personal knowledge of the public health and housing conditions that exist
throughout Scotland, and they have to decide these matters in the light of the various conflicting expert
evidence that is placed before them. The appeal authority should be one that is familiar with these
conditions and that is able by means of reports from its own independent officials to come to a conclusion
on the merits without asking parties to incur heavy expenses in producing expert evidence in support
of their respective views. Such an authority, as we have said, is the Local Government Board.
2104. It may be argued that the Local Government Board, being the Central Autjiority on whom
is placed the duty of seeing that Local Authorities carry out the provisions of the Public Health and
Housing Acts, cannot be a strictly impartial authority in that they would naturally incline to favour
the views of the Local Authority as the guardian of the public health. But, as we have pointed out,
the Local Government Board are already invested with powers of deciding various matters that may be
in dispute between Local Authorities and others, and the logical outcome of this argument would be
that the decision of all these matters should be taken out of the hands of the Local Government Board.
We do not gather there is any such proposal made by any responsible party. The argument also, we
think, presupposes that the Local Authorities will use the powers with which Parliament has invested
them in an arbitrary and unreasonable fashion, a presupposition for which there is no evidence before
us. Local Aiithorities, we think, have been much too lenient in dealing with what seem to us undoubted
nuisances and defective housing conditions, and we consider that when Local Authorities are compelled
by circumstances to take proceedings against any parties there is, to say the least, a strong prima facie
case to show that the existing conditions require remedy. But, as Sir John Lindsay has stated,
there is a safeguard to any unfair exercise by the Board of their appeal powers as against a private
party and in favour of a Local Authority, in respect that action of the Board can at any time be called
to account in Parliament. (Lindsay, 23,259.) The interests of property owners in England are,
according to Dr Campbell Munro, quite safe in the hands of the Local Government Board, an I even
ihould it be the case, as he says, that the English Local Government Board is a much more conserva-
tive body than the Scottish Board (Ibid., 37,385), we have no doubt that the latter Board will judge
fairly between the claims of the Local Authority and the parties against whom the Local Authority
are proceeding.
2105. It may also be urged against our proposal that, as it is the duty of the Local Government
Board to see that Local Authorities carry out the duties placed on them under the Public Health and
Housing Acts, it may be that in pressing a Local Authority to carry out any housing or public health
improvements, the Board may have committed themselves to a particular course of procedure without
having heard persons whose interests may be affected. In reply to this, we again point out that in the
case conceived the Board would be in no different position than they are at present in regard, e.g. to
improvements or reconstruction schemes under the Housing of the Working Classes Act, 1890, or town-
planning schemes under the Housing, Town Planning, etc., Act, 1909. In such cases it may well be
that the Board have been urging a Local Authority to frame such schemes, but the Board when a
scheme comes before them for confirmation are in no way prejudiced by their previous action, and will
consider the whole case on its merits in the light of its presentation to them by the Local Authority and
by any objectors to the scheme. Similarly, in regard to any complaint made to them of the existence
of a nuisance or an uninhabitable house in the area of a Local Authority, either by a private party or
in a report by any of the Board's own officers, the Board wovdd transmit the complaint to the Local
Authority to deal with in the first instance. If, as the result of the action of the Local Authority an
appeal were made to the Board by the affected party, the Board would, before coming to any decision,
have all the facts of the case before them, including the views of the said party, and would not necessarily
be bound to accept the opinion contained in a report of any of their own officers. A somewhat similar
procedure already exists in the statute. Where a medical officer of health fails, on complaint being made
to him by ratepayers, to make to his Local Authority a representation that a certain area complained
of is an unhealthy area or represents that the area in question is not an unhealthy one, and, therefore
not a fit subject for an improvement scheme, the Local Government Board, on being appealed to, may
direct any of their officers to make an inquiry as to the complaint. If on inquiry such officer considers
the area an unhealthy one, he must make a representation to the Local Government Board to that effect,
and the Board must transmit it to the Local Authority who must deal in terms of the statute with the
representation as if it had been made by their own medical officer of health. Later on the improvement
scheme — which will have been framed consequent on the representation of the Local Government
Board's own officer — will come before the Board for confirmation. But, as we have said, the Board
21
322 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
are not prejudiced by their previous action, and we are not aware that any injustice has been caused
by the existing procedure or that sny responsible body or party makes any suggestion for a change in
that procedure.
Extent of Board's Powers as an Appeal Authority.
2106. As will have been seen, Sir John Lindsay is in favour of giving the Local Government
Board power not only to decide disputes affecting matters pertaining to housing and public health,
but also to determine any disputes on points of law that may arise on appeals to them. In this
connection it will be noted that in England, where appeals against Closing and Demolition Orders under
the Housing Acts are to the Local Government Board, it is provided by section 39 of the Housing,
Town Planning, etc.. Act, 1909, that the Board may at any stage of the proceedings on appeal and shall,
if so directed by the High Court, state in the form of a special case for the opinion of the Court any
question of law arising in the course of the appeal. The same provision applies to Scotland, with, of
course, the substitution of the Sheriff for the Local Government Board, and the Court of Session for
the High Court. While we have no doubt, as Sir John Lindsay says, that the Local Government Board
for Scotland would be quite competent through their legal member and the law officers to decide any
points of law that may arise, we do not think that this is a duty that they ought to be bound to dis-
charge in any or every case. There may, of course, from time to time be minor points of law raised in
connection with appeals which are really so trifling that the time of the Law Courts ought not to be taken
up in hearing them. In these cases the Board could quite well decide the points at issue, and the exist-
ing statute (section 39 of the 1909 Act above referred to) is apparently so worded that in England the
Board may do so in regard to such points arising on appeals in connection with Closing and Demolition
Orders, for they are not bound to state a special case except when directed by the High Court. Otherwise
it is left to their discretion to say whether or not a special case is to be stated. Accordingly, we consider
that the statute should be so framed as not to exclude the Local Government Board from deciding,
where they choose, points of law, but at the same time to give them the option of referring such points
to the Court of Session for decision, and also to require them to do so when so directed by that Court.
2107. There remains now to consider the matters which should be referred to the Local Govern-
ment Board for determination in terms of the foregoing recommendations. We do not propose that
every function that is at present performed by a Slieriff or other magistrate under the existing Public
Health and Housing Laws or that would, but for the suggestion now under consideration, be performed
by him under any of the new proposals in this Report, should be transferred to the Local Government
Board. We recognise that there are matters (e.g. questions of keeping dirty houses, penalties for over-
crowding, warrants for forcible entry to houses, etc.), which can be disposed of in the local Courts and
which need not be referred to the Local Government Board. Such matters are those in regard to which
the statute is — or, if our recommendations are carried out, will be — ^specific in its requirements. The
matters that we would propose should be referable to the Local Government Board in addition to those
already falling to them under the existing statutes as already suggested in this Report., are —
(a) Appeals against decisions of Local Authorities ordering the closing or demolition of houses
or the carrying out of works considered necessary by Local Authorities to make houses fit for habitation.
(Cf. Housing, Town Planning, etc., Act., 1909, sections 15, 17, 18, 39, 53 (14).)
(6) Appeals against requirements of Local Authorities (including Dean of Guild Courts) in regard
to erection of new houses or buildings. (Cf. section 339 of Burgh Police Act, 1892.)
(c) Appeals against decisions of Local Authorities requiring the execution of works for the improve-
ment of public health conditions generally, e.g. introduction of water-supply to houses, provision of
drains, sinks, water-closets, sculleries, baths, etc. [Cf. section 339 of Burgh Police Act, 1892, sections
22, etc., of Public Health Act, 1897.)
(d) Appeals against proceedings of Local Authority for removal of statutory public health nuisances.
(Cf. section 22 of PubUc Health Act, 1897.)
(e) Applications by Local Authorities for removal of houses from the register of Common Lodging-
Houses, and appeals against resolutions of Local Authorities removing houses from such register. (Cf.
sections 90 and 94 of Pubhc Health Act of 1897.)
(/) Appeals in connection with disputes under any byelaws confirmed by Local Government Board.
(Cf. sections 184 and 153, etc., of Public Health Act, 1897.)
(g) Appeals against formation or refusal of formation of special water, drainage, scavenging, and
hghting districts. (Cf. sections 38, 122, and 131 of Public Health Act of 1897.)
(h) Appeals against requirements of Local Authorities as to putting in order and maintaining private
streets and footpaths. (Cf. section 39 of Public Health Act, 1897.)
(i) Application of Local Authorities for power to acquire land compulsorily for any public health
or housing purpose. (Cf. section 145 of Pubhc Health Act, 1897, and section 60 of Burgh Police Act, 1892.)
(j) Applications to have Local Authorities required to carry out their statutory duties. (Cf. section
146 of Public Health Act of 1897.)
2108. In making these recommendations we are concerning ourselves only with matters of housing
or of public health in relation to housing. There may be various other public health matters which when
in dispute should be decided by the Local Government Board rather than by the Law Courts, but as
regards these we are, of course, not in a position' to make any recommendation. Grenerally speaking,
we consider that all disputes which arise between one Local Authority and another, or between a Local
Authority and any other parties, and which for their decision require expert knowledge on the subject
of housing or public health, should be referable to the Local Government Board as the department
concerned with these matters and having officials specially skilled therein who will be in a position to
advise the Board on technical details.
2109. We submit in conclusion that our proposals will in no way prejudice the interests of any party,
that they will ensure the hearing of appeals by a department specially fitted for the purpose, that appeals
will ba more readily disposed of, and that the cost of proceedings to parties concerned will be very con-
siderably reduced.
REPORT. 323
II. Water- Supply.
Further Powers for Introduction of Water into Houses in County Areas.
2110. As will have been seen from the section of this Report setting forth the existing statutory
powers in regard to public health and housing (Chapter V.), there is a very important difference between
the powers of Local Authorities in county areas and in burghs in regard to the provision of a water-supply
to houses. In the case of the latter the Town Council have power to require water to be introduced
into houses ; in the counties, however, all that the Local Authority can require is that a supply of water
shall be available at or reasonably near a house. There is no definition of what is " reasonably near,"
and in consequence Local Authorities have found considerable difficulty in putting their powers in force.
In the event of a dispute the question of what was " reasonably near " would fall to be determined by
the Sheriff, and there would most likely be set up varying standards in different parts of the country.
The result of the absence of definition has quite apparently been that Local Authorities have had to
rest content with a supply of water available at considerable distances from houses. This cannot be
regarded as a satisfactory state of matters. In the interests of health and cleanliness, it is necessary
that an ample supply of wholesome water shoiild be easily available. It is not reasonable to expect
persons to go comparatively long distances for water, especially, as one witness puts it, at all hours, in
all weathers, and whether the ground is muddy or covered with melting snow. (Dewar, 764 (46).) It
has also to be remembered that the result in such cases is that water is kept about the house in open
vessels and thus is constantly liable to contamination.
2111. Supply of Water to Houses in Special Water Districts. — We are therefore clearly of opinion
that further powers should be given to Local Authorities of county areas. We realise that in respect of
the provision of water-supply a county area differs considerably from a burgh, where, as a rule, a gravita-
tion water-supply has been introduced by the Town Council and is laid on through the streets of the
burgh. A similarity does, however, exist in the case of special water-supply districts in county areas,
and in the parts of counties where, without the formation of such districts, water-supply schemes have
been carried out. We consider that in regard to all new houses built in special water-supply districts
or in districts where, without the formation of such special districts, water-supply schemes have been
carried out, it should be obhgatoiy on the owner to introduce water into the houses unless there are
special reasons satisfactory to the Local Authority why this cannot be done. In cases where the Local
Authority are satisfied that water cannot be brought into the house, they should require that a supply
should be available immediately outside the house or as near thereto as the water can be brought. Where,
however, houses have already been built in such districts, it may not always be possible, owing to the form
of construction of the house, to introduce water into the house, but wherever this can be done we consider
it ought to be done. If it is not practicable to introduce water into the house, the Local Authority should
have power to see that it is available immediately outside the house or as near thereto as the water can
be brought. These proposals would entail an obligation on the Local Authority to bring their water
main within a reasonable distance of a house. At present they are not bound to bring it within any
specified distance of a dwelling-house, and it would not be reasonable to require the owner of a house
in a special water district to connect up his house with the main of the Local Authority, which might be
a considerable distance away.
2112. Supply of Water to Houses outwith Special Water Districts. — -As regards county areas outwith
special water districts or districts otherwise provided with a water scheme, the position is different in that
no general water-supply scheme is available. Notwithstanding the absence of such a scheme, we con-
sider there should be an obUgation on the Local Authority to see that every house either has a supply of
water introduced into it, or has one just immediately outside the house. There may be cases among
existing houses where it is not practicable or possible to introduce a supply of water into or even to the
immediate outside of the house. In such cases the Local Authority would require to exercise their dis-
cretion and to secure a supply within as short a distance of the house as the water can be brought. We
further consider that, except in such cases as may be sanctioned by the Local Authority, no new house
should be erected outwith a special water-supply district unless the Local Authority are satisfied that a
supply of water will be introduced into the house or will be available immediately outside.
2113. Length of Notice requiring Water-Supply to be provided. — In county areas under the present
law a Local Authority cannot take action to compel an owner to provide a water-supply to his house
until the expiry of a year from the date of the notice of the Local Authority requiring him to do so. This
length of notice is, in our view, much too great. In burghs a month's notice is given. We consider that
a month's notice should be sufficient in county areas also, with power to the Local Authority to extend
the period on good cause being shown. Should the owner fail to take any steps to implement the notice
on the expiry of the period granted by the Local Authority, he should (as in the case of burghs — see
section 24 of the Burgh Police Act, 1903) be liable to a penalty and also to a continuing penalty for each
day during which he fails to comply with the Local Authority's notice. The existing power of the Local
Authority whereby they may carry out the necessary works and recover the expense from the owner
should be continued.
2114. Appeal against Requirements of Local Authorities. — Differences of opinion will arise from time
to time between owners of property and the Local Authority or their officials in regard to the introduction
of water under any of the powers above suggested, and we are of opinion that in all such cases any such
differences or any disputes as to whether or not a supply should be introduced into a house or whether it
is reasonable or expedient or practicable to do so should be determined by the Local Government Board,
whose decision should be final and binding on both parties.
Introduction of Water-Supply to Houses in Burghs.
2115. The observations made above apply to county areas. In burghs, as already stated. Town
Coimcils have power to require water to be introduced into houses, but we consider that it should be
obligatory on them to see that water is introduced or is available immediately outside the house, and
that in all new houses water is introduced. The provisions as to an appeal suggested above would apply.
324 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Water-SuppUes for CoUiery Villages.
2116. The provisions of the general statute, dealing with the supply of water to houses, are
evidently not sufficient to meet the cases of houses in some colliery villages. The general statute
gives the Local Authority power to require the owners of the houses in such villages {i.e. the colliery
company) to provide a proper supply of wholesome water. (PubUc Health (Scotland) Act, 1897,
section 125.) Dr M'Vail, formerly Medical Officer of Health for Stirlingshire and Dumbartonshire,
suggests that where the water-supply of colliery houses is provided by the mine-owners, the Local
Authority should have definite powers to require (a) sufficient storage, and filtration or softening, or both,
according to circumstances ; and in some cases (b) the making of proper arrangements for the collection
of roof-water for washing purposes. (Ibid., 5248 (5).) The witness explained that in many such villages
there is no proper gravitation water-supply available and the proprietor of the mine endeavours to make
the best of local sources and often resorts to water from the mine. Such water is commonly very hard
and requires softening and probably also filtration. In addition, the storage provided (often an old pit
boiler) is unsuitable and insufficient, the water in summer becoming quite tepid. (Ibid., 5259.) We hope
that, following on our recommendation elsewhere for a general water survey, gravitation water schemes
will be made available for many communities at present supplied from somewhat doubtful sources, but
pending these places being so supplied, we recommend that in such cases as those mentioned by Dr M'Vail
the Local Authorities should have the additional powers he suggests.
2117. The same witness also suggests that water pumped from working levels of mines should be
prohibited for domestic use, and that Local Authorities should be empowered to require convenient
arrangements for miners taking with them into the underground workings a small supply of drinking
water, so as to prevent resort to water polluted in the workings. There is no justification, he says, under
any circumstances for taking water from the workings of a colliery as he has known done, enteric fever
with disastrous results having been so caused. (M'Vail, 5248 (6), (7), 5260, etc.) We agree with these
recommendations.
III. Drainage.
Obligation of Local Authorities to bring Sewers near Houses.
2118. As will be seen from the summary of the existing statutory powers (Chapter V.) there is no
obligation on a Local Authority (either of a county area or of a burgh) to bring their sewers within any
specified distance of a dwelhng-house. In view of the suggestion which we make later, giving Local
Authorities power in regard to the introduction of water-closets into houses, we think that, in burghs and
in special drainage districts or in parts of counties where without the formation of such districts a
Local Authority have carried out a drainage scheme, the Local Authority should be required to bring
their sewer within a reasonable distance of the houses. What a reasonable distance is will depend largely
on local circumstances, and it may be that in some cases it is not reasonably practicable to extend the
sewer as we propose. In such cases we are of opinion that any dispute should be referred to the Local
Government Board, whose decision should be final.
Discharge of Trade Effluents into Sewers.
2119. Under this heading of drainage, we desire to draw attention to a suggestion by one witness
that, owing to the great dubiety at the present time as to what are the rights of public works with regard
to the introduction of trade effluents into sewers, more definite powers should be given to Local Authorities
to regulate this matter. It was pointed out that certain trade effluents destroy bacterial life and thus
interfere with the efficiency of the sewage purification works. (Whyte, 36,936-8.) This is the only
witness who drew attention to this matter,lbut, as his evidence ref eiTed to the industrial district of the
Middle Ward of Lanarkshire, it is quite probable that the same difficulty is experienced in similar areas,
though not perhaps in the same degree. We understand that such powers as are desired have been
conferred on Galashiels and Coatbridge burghs by means of Provisional Orders under the Private Legisla-
tion Procedure (Scotland) Act, 1899, and we see no reason why such powers should not be made available
to Local Authorities generally. The Orders specially obtained by Galashiels and Coatbridge in 1908 and
1914 respectively authorise, inter alia, the Town Councils to make regulations as to the condition on which
trade refuse will be received into the sewers, disputes between the Town Councils and any traders on
the subject of the regulations being settled by an arbiter mutually agreed on or, failing such agreement,
by an arbiter appointed by the Local Government Board.
Provision of Water-Closets or Earth-Closets.
2120. Obligation to require Provision of Water-closets in Burghs. — In burghs, under the existing law,
Town Councils have power to require the provision wherever practicable of a water-closet for every house.
This power cannot, however, be enforced where, from water not having been laid under sufficient pressure,,
or from drains being still unmade, or from any other cause, such works are impracticable or inexpedient.
In such a case, the Town Council may require a sufficient earth-closet to be provided. It will be observed
that it is optional on the part of Town Councils to exercise these powers. We consider that it should be
obhgatory on them to do so, and that, unless there are very special reasons to the contrary, no new house
should be permitted to be erected in a burgh unless it has a water-closet for its exclusive use. Should,
however, an exceptional case arise where it is not practicable to provide a water-closet, an earth-closet
or other form of closet approved by the Town Council should be required.
2121. Provision of Water-Closets to Houses in Special Drainage Districts in Counties. — In county areas
no similar power exists. We are of opinion that in a special drainage district, or in places where, without
the formation of such a district, a drainage scheme has been provided, the Local Authority should have
a similar power to that of a Town Council, and that it should be obligatory on them to exercise it.
The erection of new houses in such special districts, or other places as above mentioned, should be sub-
ject to the same condition as suggested above for burghs as regards the introduction of water-closets.
REPORT. 325
2122. Provision, of Water-Closets to Houses outwUh Special Drainmje Districts. — As regards houses
ill county areas outwith those specially dealt with above, we consider that it should be obligatory on the
Local Authority to see that every house (existing or new) is supplied either with a water-closet, wherever
reasonable and practicable, or, in the event of it not being reasonable and practicable, with an earth-closet
or other form of closet approved by the Local Authority.
2123. Extent to which Common W ater -Closets should be allowed. — In the descriptive part of this Report
reference has been made to the condition in which we found water-closets and privies that were used in
common. Our visits corroborated the written and oral evidence of witnesses. In many cases the state
of those conveniences was shockingly filthy beyond description, and they were absolutely unfit for use.
We are satisfied that this is largely attributable to the fact that the conveniences were used in common,
and that the radical improvement that is necessary will not be effected until every family has a separate
convenience for its own use, properly secured under lock and key should it happen to be outwith the
house. From the point of view especially of those who are responsible for the sanitary administration
of a district, such a reform is urgently called for. They are seldom able to bring home the offence to any
particular person or persons, and though, as previously stated, the Public Health Act makes provision
in such cases whereby proceedings can be taken against ail the common users in the event of the convenience
being in a filthy state for want of proper cleansing, it has been shown by one witness that, perhaps not
unnaturally, a Sheriff is somewhat unwilhng to convict in such cases. (Whyte, 36,834 (35).)
2124. We recognise that it is not practicable in the case of all existing houses to require that they
shall each be provided with a separate water-closet or earth-closet, but we are clearly of opinion that,
as far as possible, such common conveniences should be done away with. Accordingly, we recommend
that, in cases where a house is not provided with a water-closet or earth-closet for its own use, the Local
Authority should be required to see that such a separate convenience is provided wherever this is reason-
ably practicable. Where, however, difficulties of construction make it impossible to secure one such
convenience for each house, we recommend that a convenience should be provided for every two houses.
2125. Provision of Sanitary Conveniences for new Houses. — We further recommend that no new houses
should be allowed to be put up that do not have a convenience for their own use.
2126. Appeal against Requirements of Local Authorities. — Disputes will naturally arise in the carry-
ing out of these powers, and, following the line taken in regard to the introduction of water into houses,
we recommend that all such disputes m counties or burghs should be referable to the Local Government
Board for decision.
IV. Provision oi" -Sculleries (including Washing Accommodation), Coal Storage Accom-
modation, Larders or Food Stores, Presses, and Baths.
2127. As has already been explained, there is no power either in counties or in burghs to require the
provision- of these domestic conveniences, but we have been much impressed both by the evidence
placed before us and by the information obtained during our own visits of inquiry with the necessity
for some power being made available to Local Authorities.
2128. Sculleries and Washhouses. — Comparatively few working-class bouses are provided with these.
There can be no doubt that where, as is the case in most of such houses, the kitchen is used as a sleeping
apartment, the provision of a scullery where washing of all kinds can be done is of material benefit from
a health pomt of view as well as from the point of view of the domestic comfort of the inmates of the house.
We are strongly convinced of the necessity for the provision of these conveniences, and we recommend
that no new houses either in counties or in burghs should be allowed to be erected unless they are so pro-
vided. We do not think there should be any exception to this recommendation, even in cases where a
supply of water is not led into the scullery. In such cases we see no reason why the scullery should not
be provided.
2129. We also consider that Local Authorities should be required to see that sculleries are provided
in existing houses wherever such a course is reasonable and practicable.
2130. It will possibly be found most convenient to provide in the scullery the necessary accommo-
dation for the washing of clothes. If, however, this accommodation is not provided in the scullery or
elsewhere connected with the house, it should be made available either in a washhouse common to other
and adjoining houses, or in a pubhc washhouse.
2131. Storage of Coals. — This necessary accommodation, as will have been seen from an earlier part
of this Report, is sadly lacking in many cases, and accordingly we recommend that it should be obligatory
on Local Authorities to see that in all cases accommodation to their satisfaction is provided.
2132. Larders and Presses. — We have been struck in the course of our inquiries with the want in
Scottish houses of larders, or other similar accommodation for the storage of perishable articles of food,
more especially meat, milk, and butter. The result of this want is that these and similar articles have
to be kept in the kitchen, which, as already stated, is not only the general hving and cooking room, but
is also very largely used as a sleeping room. It is impossible under these conditions to keep such articles
of food in a fresh condition for any time. We are of opinion that no house can be regarded as complete
unless this accommodation is provided. It is of course not practicable to require this in the case of exist-
ing houses, but we recommend that all new houses should be provided with a larder ventilated directly
from the outside, and that Local Authorities should insist on this accommodation being provided before
the plans of the house are approved.
2133. It should also be the duty of the Local Authority to see that adequate press accommodation
is provided in new houses. Unless a certain amount of this accommodation is provided, it is difficult,
if not well-nigh impossible, for the ordinary housewife to keep her house in anything hke a tidy and
orderly condition.
2134. Baths. — In the portion of this Report describing the existing housing conditions, we have
referred to the extent to which baths have been provided in working-class houses, and have narrated
the views of witnesses on the use to which the baths have been put, and on the extent to which they
would be used if provided. While, as will be seen, there is evidence to show that in some instances —
326 ROYAL COMMISSION ON HOUSING IN SCOTLAND,
which, in our view, were isolated instances, and were not the general rule — baths have been put to other
uses than that for which they were intended, we cannot regard this as a reason why baths should not be
more extensively provided in houses. In many cases where baths had been provided, we are satisfied
that the failure to make full use of them was due to the fact that hot water was not laid on. It cannot
be expected that much use will be made of a bath, for which no hot water is available, except at consider-
able trouble to the householder.
2135. There can.be no doubt that the demand for houses with baths is growing, and it is a striking
feature of our evidence that this demand is very insistent on the part of the mining and agricultural workers.
The representatives who appeared before us on behalf of the miners and the farm-servants were unani-
mous that for their particular occupations a bath with a plentiful supply of hot water was a necessity,
and that, apart altogether from the needs of the working members of the family who, in the case of miners,
might possibly be provided with baths at the pithead, it was essential for the requirements of the children.
Workers in other industries also put forward similar claims. While it is true that in various places,
more especially in the larger towns, public baths have been provided by various authorities, we are clearly
of the view that these public institutions do not render unnecessary the provision of the bath at home.
2136. No power at present exists on the part of a Local Authority to require the introduction of baths
into houses, but we consider that some such power should be given. The time does not yet seem ripe
for making it obligatory that every house should be provided with a bath — although we are satisfied that,
as far as possible, every house should be so provided — and it is obvious that this would not be a practicable
proposal as regards all existing houses. We do consider, however, that Local Authorities should have
powers to enable them to require the provision of a bath for every new or reconstructed house. Any
owner or builder of such house who considered that the requirements of the Local Authority were un-
reasonable or impracticable, should have the right of appeal to the Local Government Board. We re-
cognise that the provision of baths in new houses will add to the cost of erection, but the advantages
are such that we have no hesitation in recommending that, notwithstanding the extra expenditure, the
above additional powers should be granted.
V. Building Byelaws.
In Counties.
2137. As has already been indicated, the powers of control over the erection of houses in county areas
are defective in several respects, and there seems no good reason why the authorities of these areas should
not have the same powers as the Town Councils of burghs. Indeed the need for control is greater in
the thickly-populated industrial and mining areas in the counties than in many of the small burghs,
where the population is not congested. A state of matters which permits of the Town Council of the
burgh of Earlsferry, with a population of 322, having more control over the building of houses' than the
Middle Ward District Committee of Lanarkshircy with its large industrial population of 202,659, cannot
be defended. In the following paragraphs several recommendations are made for a strengthening of
the existing powers of Local Authorities in county areas as regards the erection of houses.
2138. Adoption of Byelaws to be obligatory. — In counties the adoption of building byelaws is optional
on the part of the Local Authorities, and, as has been stated, only 48 out of 107 county authorities have
framed them. We have had a great deal of evidence placed before us as to the effect of such byelaws
on the building of houses, and, while some witnesses have maintained that the byelaws have retarded
the building of houses, the great majority of witnesses, not only those representing Local Authorities,
but unofficial witnesses also, have been quite emphatic that the byelaws have in no way hindered build-
ing. There may and probably have been cases where, owing to the non-elastic nature of the byelaws,
a mode of construction or a material which was quite satisfactory has been rejected by the officials of
the Local Authority. But such cases were not numerous, and in another part of this Report we make
suggestions to meet any such difficulty in future. (See Paragraphs 2168 and 2169.) We ourselves are
satisfied that where byelaws have been in force they have been of great assistance in securing a better
constructed and healthier type of house, and we cannot regard with any degree of satisfaction the fact
that more than half of the county Local Authorities in Scotland are without byelaws, and, consequently,
without any effective control over the erection of houses in their areas. Accordingly, we strongly recom-
mend that all such Local Authorities should be required to make building byelaws. (Macpherson,
2 (482), 17, 18, 111 ; Dewar, 764 (19) ; Coles, 5401 ; Fletcher, 8236 (32), (50) ; M'Elfrish, 9489-92 ; Wilson,
Appendix CXCIL, Paragraph 156.) We^may remark tbat this recommendation was made by the Com-
mission of 1885. We trust it will now be given effect to.
2139. Approval of Plans. — There is apparently no power providing for the approval by the Local
Authority of plans of houses before a commencement is made with the erection. Such power should
be given. (Macpherson, 2 (482) ; Dewar, 764 (19) ; Campbell Munro, 37,370 (60) ; Wilson, Appendix
CXCIL, Paragraph 155 (1).)
2140. Approval of Sites. — The approval of the Local Authority should also be required to the site
of every house to be erected. The situation of many houses in rural areas is anything but satisfactory.
To quote the word of one witness : " I know dozens of houses where, within 100 yards of their present
' sites, they could have got magnificent sites — dr/ sites, a fine outlook, and a cheery situation. Instead
' of that they have been put down in a hollow where the sun cannot get at them." (Barrie, 28,701.
See also Robb, 4830 (26), 4871-4 ; Wedderspoon, 6322 ; Ranald MacDonald, 9415-8 ; Wintnip, 13,168
(57) (b).)
2141. Approval of Lay-out. — It has been suggested that power should be given to regulate the number
and arrangement of buildings on the site. (Davison, 4634 (24) ; Robb, 4830 (26), 5043 ; M'Vail, 5248 (9),
(10), 5267-8.) Where a town-planning scheme is in operation this matter can of course be controlled,
but places may suddenly be developed which do not come within any area already town-planned, or in
respect of which a town-planning scheme is in course of preparation, but over the development of which
some control should be exercised by the Local Authority. Accordingly, we recommend that in such cases
REPORT. 327
the approval of the Local Authority should be required to the number and arrangement of the buildings
on the site, and that the Local Authority should alto be empowered to regulate the height and character
of the buildings.
2142. Regulation of Structure. — ^Local Authorities have power at present to regulate the structure
of walls, foundations, roofs, and chimneys, but only in so far as likely to affect human health. It has
been suggested that the more general powers of section 93 of the Burgh Police Act, 1903, should be given,
viz. power to regulate the strength and stability of walls, joisting, and principal timber and iron work.
Wilson, 3997 (191) and Appendix CXCII., Paragraph 155 (2), Davison, 4634 (24), Maxwell Ross, 13,798.)
We recommend this additional power should be given.
2143. Admission of Light, HeigJU of Rooms, Cubic Space, Structure of Floors, etc. — Other matters
which cannot at present be controlled, but which we consider ought to be, are the admission of light
to houses (Macpherson, 2 (482), Wilson, 3997 (190); Davison, 4634 (24); Wintrup, 13,168 (47)); the
height of rooms (Macpherson, 2 (482) — our recommendations in a later paragraph as to heights of ceilings
in burghs should also apply in county areas ; the amount of cubic space in rooms (Maxwell Ross, 13,743
(20) ; Campbell Munro, 37,370 (56) (61) ; Macdonald, 37,534 (18)) ; the structure of floors (M'Kerrell,
26,661 (68) (1) ; Dewar, 764 (29), 1074) ; the provision of a lobby or porch for the purpose of preventing
a living-room opening directly ofE the street (Dewar, 764 (34)) ; the provision of a doorstep and back
door (Dewar 764 (35) and (36)) ; the width and construction of private streets and footpaths (Davison,
4634 (24)).
2144. Certification for Occupancy. — In burghs no new house can be occupied until it has first been
certified by the burgh surveyor as fit for occupation. We recommend that similar power should be
conferred on the Local Authorities of county areas. (Macpherson, 2 (482) ; Davison, 4634 (24) ; Wintrup,
13,168 (57) (c); Wilson, Appendix CXCII., Paragraph 155 (3).)
^ 2145. Retetition of Plans. — It has been represented by several official witnesses that there should be
power to a Local Authority to require copies of plans to be provided for retention by the Local Authority.
(Macpherson, 297-303 ; Dewar, 764 (19), 823 ; Davison, 4634 (24) ; Wintrup, 13,168 (57) (a) ; Brand,
38,543-4.) We suggest some such power should be given. The Local Authority might either require
the plans to be submitted in duphcate, one copy of which they would retain, or, if only one copy were sub-
mitted, it could be retained by the Local Authority for reference whenever required. The latter we
understand is the practice in burghs. The Local Authority ought certainly to be in possession of an exact
copy of the plans as approved so that during any inspection of the building their officers may be able to
determine whether or not the house is being erected in accordance with the approved plans.
t;j-. 2146. Application of Byelaws to Alterations. — There seems to be some doubt as to how far the building
byelaws that may be made under the Public Health Act are apphcable to alterations on or additions
to houses. (Robertson, 16,234 (36) ; Smith, 27,943 ; Sinclan, 34,682-4.) We think this should be
made clear, and that, following the practice in burghs, the approval of the Local Authority in landward
areas should be necessary to any alteration or addition, and that such alteration or addition should be
carried out in conformity with the appropriate byelaw or byelaws.
2147. Summary of Recommendations. — Summarising our suggestions above we would recommend —
(1) That it should be obligatory on every county Local Authority to frame building byelaws ; and,
(2) That the present scope of the byelaws should be extended to cover the following matters : —
{a) The approval of plans by the Local Authority before building is commenced.
(6) The approval by the Local Authority of sites of houses.
(c) The regulation of the number and arrangement of buildings on the site, including their
height and character.
{d) The strength and stability of walls, joisting, and principal timber and iron work,
(e) The admission of light.
(/) The height of rooms.
{g) The amount of cubic space in rooms.
(h) The structure of floors.
{%) The provision of a lobby or porch.
(j) The provision of a doorstep and back door.
(k) The width and constmction of private streets and footpaths.
{!) The inspection and certification of houses before occupition.
{m) The provision of plans for retention by tSe Local Authority.
(«) The extent to which the byelaws will apply to alterations on or additions to houses.
In Burghs.
2148. The remarks and recommendations above apply to county areas. We have pointed out
elsewhere that in burghs, differing from counties, the erection of houses is controlled by special provisions
in the statutes and not by byelaws, and we also, in another place, make the suggestion that the most
of these statutory provisions should be transferred to byelaws. We think it right, however, to direct
attention here to various points that have come up in the evidence, and that indicate the necessity of
some amendment being made in the enactments controlling the erection of houses in burghs.
2149. Conversion of Building into Dwelling-House. — It was suggested by one witness that section
166 of the Burgh Police Act, 1892, should be amended so as to make it clear that, even though no structural
alterations are intended, it shall not be possible to use for human habitation, without the sanction of
the Dean of Guild Coiu't, any building or rooms in a building which had not been previously used as a
dwelling-house, but which was being converted into a dwelling-house. (Young, Ayr, 40,010 (6).)
Apparently, as the section is at present worded, such a building can be used as a dwelling-house without
any consent so long as no structural alterations are intended. We agree that such a state of matters
should not be possible, and we recommend that the section be amended as suggested.
2150. Necessity for Fresh Warrant to Build. — Under the Burgh Police (Scotland) Act, 1892, a warrant
328 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
granted by the Dean of Guild Court or Town Council for the erection of a building appears to hold for
an indefinite period. It is suggested that, where a commencement is not made with the erection of
a building within two years from the date when the warrant was obtained, it should be necessary to
apply for and obtain a fresh warrant before proceeding to erect the building. (Ross, 33,719 (66), 33,746.
See also Young, Ayr, 40,027.) We recommend that effect be given to this suggestion. There is a
precedent for it in connection with the formation of streets, see section 11 of the Burgh Police (Scotland)
Act, 1903.
2151. Height of Houses. — One witness suggested that section 152 of the Burgh Police Act, 1892, and
section 61 of the Burgh Police Act, 1903, which allow the height of dwelling-houses to be l\ times the
width of the street, should be amended to provide that the height of the houses shall not exceed the
width of the street. (Young, Ayr, 40,010 (5).) A similar suggestion is made as regards buildings
fronting lanes, viz. that instead of buildings of a height 1| times the width of the lane being allowed,
the height should not be greater than the width of the lane. (Cowan, 16,484 (7), 16,489; Young, Ayr,
40,010 (5).) Where a town-planning scheme is in operation for the area in which such buildings are
to be erected, this matter will be under complete control, but where such control is awanting we
recommend that, instead of effect being given to the specific amendment above suggested, a more
general power should be conferred on the Local Authority, enabling them to control the height and
character of any building to be erected in their area. This suggestion would apply not only to the height
of houses but to the height of any factory or other building. At present there seems no power in the
absence of a town-planning scheme to control the height of buildings other than dwelling-houses. The
result is that a factory may be erected alongside or opposite a dwelling-house, possibly twice or three
times as high as the dwelling-house, and in a narrow street of 25 to 30 feet wide. The Town Council
cannot refuse a warrant for erection of the factory on the ground of its height in relation to neighbouring
buildings. (Syme, 3726-9, 3735-42 ; see also M'Killop, 36,640 ; Barks, 36,797-800.) It is clearly
in the interests of the lighting and ventilation of dwelling-houses that the Town Council should have
full control over the height of all buildings.
2152. Height of Ceilings. — The heights of ceilings of houses specified in section 172 of the Burgh
Police Act, 1892, might be modified. These are at present 9 feet 6 inches on ground floors, 9 feet on other
floors except attic rooms, which must be at least 8 feet through not less than one-third of the area of
the room, and at no part less than 3 feet. The section was apparently framed to meet the case of tenement
buildings of three or more storeys, and we do not suggest any modificfition in the heights of rooms in
such buildings. It is suggested, however, that these heights should not apply to cottages or double-
flatted houses (Wilson, Appendix CXCIL, Paragraph 152). Such houses are usually erected in districts
where a greater area of site is available, and as the buildings are not closely built, and are of less height
than tenements, more air-space and free circulation of air is obtained. (Yoiing, Ayr, 40,010 (7).) Several
witnesses indicate that for such houses the heights mentioned should be reduced to 8 feet 6 inches for
ground-floor rooms, and 8 feet for other rooms except attic rooms. (Wilson, Appendix CXCIL, Para-
graph 152 ; Barker, 13,560 (13) ; Knowles, 14,458 (25) ; Cowan, 16,534-5 ; Wilkie, 16,591 ; Young,
Coatbridge, 34,168, (9) ; Campbell Munro, 37,370 (72) ; Young, Ayr, 40,010 (7).) The Medical Officer of
Health of Aberdeen, however, would allow the relaxation only in cases where the house had more than
two rooms. (Matthew Hay, 41,334 (153).) In regard to attic rooms, the heights suggested by witnesses
vary. One gives the height as 7 feet (Barker, 13,560 (13)) ; two as 7 feet 6 inches throughout half the
area of the room (Young, Coatbridge, 34,168 (9), and Young, Ayr, 40,010 (7)) ; and one as 8 feet
throughout half the area but at no part less than 5 feet (Wilson, Appendix CXCIL, Paragraph 152 (3)).
Another witness, while making no alteration on the height, as given in the statute, suggests that the height
should be through not less than one-half or two-thirds of the area of the room. (Smith, 34,800 (38).)
After consideration of these vai'ious suggestions, we recommend that in the case of new or reconstructed
cottages or double-flatted houses, the existing statutory provisions should be modified to permit of
rooms being built of a height of 8 feet 6 inches and 8 feet on the ground and upper floors respectively.
We are of opinion, however, that the requirements as to attic rooms should be made more stringent,
and accordingly we recommend that in such cases the height should in future be 8 feet through not
less than one-half the area of the room, but at no part less than 5 feet.
2153. Structure of Party Walls and of Walls Surrounding Chimneys.— Othei modifications suggested
are : —
(a) That rule 7 of Schedule IV. of the Burgh Police Act, 1892, providing that party walls are to be
caiTied through the roof to form a parapet, be reduced. The object of this provision is apparently to
prevent the spread of fire, but it is pointed out that this requirement is not necessary if the roofing
material is bedded securely on the walls to form an effective fireproof barrier. (Wilson, Appendix
CXCIL, Paragraph 154 (2). One witness suggests that the requirement should apply only to main
gables in tenements of flatted dwelling-houses, and to the main gables dividing not more than four con-
tinuous self-contained houses. (Young, Ayr, 40,010 (9) (8).) Other witnesses drew attention to this
statutory provision and suggest its relaxation. (Barker, 13,560 (13) (3); Cowie, 26,580; Paterson,
33,583 (40) (1).) We recommend that Town Councils should be empowered to relax this requirement in
such cases as they consider appropriate.
(6) That rule 12 of the same schedule should be modified to allow of the waU surrounding every
chimney or flue being of not less than 4| inches thick, if of brick, or 6 inches if of stone, instead of the
9 inches at present required. (Barker, 13,560 (13), Young, Ayr, 40,010 (9), (10).) We recommend
that Town Councils should be empowered to give effect to this suggested modiflcation.
2154. The following additional powers have been suggested : —
(a) Making up of Sites.— Local Authorities should have power to make byelaws regarding the laying
down permanently of refuse or making up of ground, both as to the material to be included and as to
the supervision to be provided by the owner of the ground. It is pointed out by the witness who makes
this suggestion that it is desirable that Local Authorities should have power to deal with the kind of
material that may be deposited in low-lying ground in a town, for the purpose of making it up to a
level of adjacent streets, especially where there is a reasonable probability of such made-up ground
REPORT. 329
being made ultimately available for building purposes. The refuse may be of an offensive type, and
even when not of an offensive character may sometimes take fire and become a source of great nuisance.
(Matthew Hay, 41,334 (154).) We recommend that the Local Authority of a county district or burgh
should have power to make byelaws for the purpose of regulating the laying down of such material.
(6) Use of Wallpaper. — ^The Medical Officer of Health of Aberdeen suggested that health officers should
have power to forbid the use of wallpaper in certain classes of houses or certain individual houses where
they think it undeshable hygienically to have it. (Matthew Hay, 41,358.) We do not see our way to adopt
this suggestion, but we recommend that the Local Authority of a county district or burgh should be given
the power to require that there shall be not more than one layer of wallpaper on a wall at any time.
2155. Submission of Plans to Health Officers. — ^It has been suggested that, as a matter of practical
administration, the plans of all houses or alterations on or additions thereto, and of all buildings which
will, when erected, come under the supervision of the medical officer of health and sanitary inspector,
such as bakehouses, milk-shops, ete., should, before being approved by the Town Council or Dean of
Guild Court, be submitted to these officers for theii- opinions on the plans qua matters affecting health.
(Matthew Hay, 41,334 (266), 41,449.) We agree with this suggestion. We understand this is the practice
in county areas.
2156. Approval of Sites. — ^We would also recommend that in burghs the approval of the Town
Council should be required to the sites of all houses to be erected.
2157. Approval of Lay-out. — The remarks already made applying to the lay-out of sites in county
areas apply equally in burghs, and accordingly we recommend that, in the absence of a town-planning
scheme under which this matter can be controlled, the approval of the Town Council should be required
to the number and arrangement of the buildings on the site.
2158. This recommendation would meet the following suggested amendments of the Burgh Police
(Scotland) Act, 1903 :—
(a) That section 63 of the Act, which refers to the area to be attached to dwelling-houses, should
be amended to provide that the open space or area should belong to the dwelling-house. According
to one witness the Courts have decided that the space attached to one building is sufficient to ventilate
the building built right opposite. (Ross, 33,719 (14), (41), (65), 33,749.)
(6) That the same section should be amended to provide that parallel blocks of houses shall not in
any circumstances be erected nearer to each other than 80 feet in the case of four-storey tenements,
and 60 feet in the case of three-storey tenements, measured from and between the respective main front
or back walls of such buildings. (Young, Ayr, 40,010 (8) ; see also Matthew Hay, 41,334 (155).)
(c) That section 69 of the Act, dealing with the erection of buildings round a hollow square so as
to secure more effective light and ventilation should be amended to apply to cases where the enclosed
space extends to IJ acres instead of the maximum of 1 acre as at present. (Young, Ayr, 40,010 (8).)
2159. Use of Box-rooms as Sleeping-rootns. — It has already been pointed out that in many cases
rooms of less than 100 superficial feet have been shown on plans and passed in the Dean of Guild Court
as box-rooms, but that after the building has been completed these rooms have been occupied as sleeping
apartments. It is suggested by a witness that this should constitute an offence. (Young, Coatbridge,
34,168 (10).) Provided that proper light and ventilation are secured, we see no reason why rooms of
100 superficial feet or even considerably less should not be used as sleeping apartments ; but we think
that, where such rooms have been shown on the plans submitted to the Local Authority as box-rooms,
they should not be used as sleeping-rooms until the approval of the Local Authority to the change has
been obtained. This power should extend to County Local Authorities.
2160. Gas Stoves. — One witness draws attention to the desirability of Local Authorities having a
discretionary power regarding the placing of gas stoves in dwelling-houses and the provision of flues.
He sees no objection to the use of gas heaters for cooking purposes so long as adequate flues are provided.
(Matthew Hay, 41,334 (169). See also Bell, 11,703-6.) We see no objection to giving Local Authorities
the power suggested. This power should extend to County Local Authorities.
2161. Special Powers in Burgh Police (Scotland) Act, 1903. — As already shown, there are special
powers in the Bm-gh Police (Scotland) Act, 1903, available by adoption to Town Councils, whereby
further control over buildings may be secured. It is suggested that the adoptive provisions of that
Act, in BO far as they deal with housing, should be extended and made applicable to all burghs. (Macpherr
son, 64.) We agree with this suggestion and recommend accordingly.
2162. General. — We desire to point out in regard to the above suggestions for amendment or exten-
sion of the existing powers in burghs that — assuming our recommendation in another part of this chapter
is adopted, viz. that control of the erection of houses should be regulated by byelaws rather than by
statute, — ^the various points above set forth can be provided for in the byelaws. In the event, however,
of that suggestion not being adopted, we recommend that effect should be given to the amendments
of the statute above suggested.
Application of Building Byelaws and Regulations to Government Buildings.
2163. Since_ taking evidence, our attention has been di-awn to the fact that houses which are the
property of the Government are exempted from the provisions of the byelaws or regulations of Local
Authorities as to buildings. {Cf. section 194 of the Public Health (Scotland) Act, 1897.) We see no
reason why such houses should not be subject to these byelaws or regulations in the same way as houses
provided by Local Authorities or other parties, and we recommend accordingly. This recommendation
applies to county and burgh areas.
VI. Statutory Requirements and Byelaws.
2164. In the course of our consideration of the statutory powers on the subject of housing and
public health, we have been struck with the number of matters of detail that are regulated by means of
specific provisions in the statute, but which, in our view, could equally well, without detriment to any
interest, be dealt with by means of byelaws. This view has been forced upon us more especially in
considering the statutory provisions dealing with the control of the erection and of the method of
330 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
construction of houses. As will be seen irom a perusal of the pages in Chapter V. summarising these
provisions, there are very detailed and specific provisions laid down in the statutes regulatmg the
conditions under which houses in burghs may be built. In coimties, on the other hand, the various
details of house ^construction are controlled by means of byelaws which in several respects empower
Local Authorities to regulate the matters that in burghs are regulated by the statute. In burghs, it
is true. Town Councils are empowered by the Bui-gh Pohce Act of 1903 (section 93) to frame building
byelaws, but these byelaws must be consistent, as to the matters with which they deal, with any
provisions contained in any public general Act. These byelaws, therefore, are limited in their scope by
the terms of the existing Acts.
2165. The important practical difference between the two^methods of control is that, in cases where
the requirements are embodied in the statute, no alteration of these can be obtained to meet special
or altered circumstances since the statute was framed without first having an amending Act passed
authorising the necessary change, and the reasons for modification or amendment may exist for years
before an opportunity for Parliamentary action occurs. In the case of byelaws, however, these can be
amended from time to time by a Local Authority as they see fit^subject, of course, to approval by the
confirming authority after consideration of any objections^lodged by any parties interested.
2166. As this Report shows, defects in the powers of Local Authorities have existed for many
years, and the time has long been ripe for legislation to remedy these defects. Apparently, however,
they have not been considered sufficient of themselves to justify legislation, with the imfortunate result
that Local Authorities have had to work for years with powers which have been clearly shown to be
inadequate. We think it regrettable that this state of m^atters should have continued, but we recognise
that it is a defect of the system of legislative administration hitherto in force. Our experience has
convinced us that many of the defects that have been shown to exist should have been remedied with-
out undue delay, and we consider that the present system should be amended so as to ensure that as
far as possible detailed requirements as to public health and housing shall be deleted from the statutes
as specific provisions and shall be embodied in byelaws, which shall be subject to confirmation by the
Local Government Board, and which may be amended from time to time at the instance of or with the
approval of that Board. We are supported in this view by the experience of Mr Henry Vivian, whose
opinion, looking to his extensive and intimate acquaintance with housing in all its aspects, is of great
weight. (Vivian, 40,571 (11), 40,574.) It will also be appreciated that it is exceedingly difficult to
detail in the statutes conditions which will apply to Local Authorities generally, having regard to the
varying differences in the characteristics of their areas.
2167. We do not think that if effect were given to our proposal any person or any interests would
suffer. The legislature would determine what matters were to be regulated by means of byelaws, and
would make it the duty of every Local Authority to frame such byelaws. Aiter the Local Authority
had framed their byelaws they would require, as is the case at present in connection with byelaws imder
the Public Health (Scotland) Act, 1897, to give public notice of their intention to apply to the Local
Government Board for Scotland for confirmation of the byelaws, and any person aggiieved by any
proposed byelaw or byelaws would be entitled to lodge his objections with the Local Government Board,
who would require to consider them before granting confirmation, and who would have power to amend
or modify any byelaw submitted. Full opportimity would thus be given to any interested party to
state his case to the central department. A similar procedure would be followed in the event of a Local
Authority desiring to amend their byelaws in any respects. As has been stated, this is the practice
at present in operation in coimection with building byelaws in coimty areas, and we have no reason
to beheve that it has worked disadvantageously or injuriously to any interest, and we do not see why
it should not be made more generally applicable to matters dealt with in the public health and housing
statutes. It may be pointed out, too, in support of our proposal that at present the provisions of the
Burgh Police Acts in regard to certain matters may, as already explained, be relaxed or modified without
the necessity of any amending Act.
2168. While a Local Authority would be entitled, subject to approval by the Local Government
Board, to amend their byelaws at any time, provision should be made for a periodical review by the
Local Authority of all byelaws in force in their area, and we suggest that this should be done at least
every ten years. This would ensure that the byelaws were kept up to date. The Local Government
Board should also be empowered, either on their own initiative or on any representation made to them,
to require the revisal at any time of any byelaws that had in their view become obsolete or imworkable.
2169. The byelaws framed by a Local Authority should be reasonably elastic, and should where
practicable provide for alternative methods of carrying out the requirements of the byelaws. Any disputes
between Local Authorities or their officials and the persons responsible for observing the byelaws should
be referable to the Local Government Board, who should be empowered to determine such disputes in so
far as they refer to the practical working of the byelaws. It may, for instance, happen that in coimec-
tion with building byelaws there may be a dispute between the Local Authority or their official and a
builder as to the suitability of a particular material or mode of construction which the latter desired to
use. In such a case the Board, on the matter being brought before them, would, after inquiry, if
necessary, and on the advice of their technical advisers, decide the matter.
VII. Maintenance of Houses.
2170. As we have shown, Local Authorities have a considerable amount of control by means of
byelaws and statutory provisions over the building of houses, and we have made suggestions for an
extension of this control. But when the house has been erected and occupied the Local Authority's
control over it as a structure ceases unless it becomes dilapidated or a nuisance or imfit for human
habitation, in which cases they can require the owner to carry out the necessary repairs. A house,
however, may be in a considerable state of disrepair before it reaches the stage where under existing
powers a Local Authority are entitled to interfere and call on the owner to execute repairs. There
may, for instance, be some slates off the roof, with the result that rain or snow may obtain entrance
REPORT. 331
to the house to the consequent discomfort of the occupants ; but because the occupants' health cannot
be said to be affected, or because the house cannot be said to be unfit for habitation, the Local
Authority are powerless to interfere. Agam, the plaster work of the ceiling may have in part broken
away, or holes may appear in the flooring, or a window may have become broken, or the cord of a sash
window broken so that the window cannot be opened or shut ; a hundred and one other such minor
defects may show themselves, but for the reasons given above the Local Authority cannot take any
action. In all such matters there should be no question of the Local Authority having to wait until
the condition of the house becomes so bad that it verges on the uninhabitable state. (Cf. Matthew
Hay, 41,334 (74).) The tenant is, in many cases, imable to get his landlord to carry out these repairs,
and it cannot be expected that the tenant wiU always carry out the repairs at his own expense, although
he very often does so for the sake of the comfort of his family. Consequently a considerable delay occurs
in the rectification of such d^ects which may be quite trifling from the structural point of view and
remediable at but little cost, but which may yet entail annoyance and discomfort to the inmates of
the house.
2171. Two suggestions have been made which would enable Local Authorities to secure an im-
mediate remedy for these minor defects. Dr Dewar, Medical Inspector of the Local Government Board,
suggests that in such cases when the medical officer of health c£in certify that the nuisance or evil com-
plamed of is grave and urgently requires remedy, a sheriff, magistrate, or justice should have power
to ordain that it be abated or rectified at the expense of the owner, unless within a specified period he
himself takes measures to that end. {Ibid., 764 (6), 792-5.) The Medical Officer of Health of Aberdeen
makes the suggestion that there should be power given to Local Authorities to make byelaws for securing
the proper mamtenance of houses. (Matthew Hay, 41,334 (73-75), 41,407, etc.) We are satisfied that
some simpler and more expeditious procedure than that available under the existing statutes is necessary,
and we favour the suggestion of Dr Matthew Hay above quoted, and would recommend that Local
Authorities should be required to frame byelaws, subject to the approval of the Local Government
Board, for the proper maintenance of houses. If the terms of these byelaws were not being observed
by the party or parties responsible, the Local Authority could at once proceed for the exaction of the
penalty imposed by the byelaws, which should also give the Local Authority power, in default of the said
party or parties, to carry out the necessary repairs and to recover the cost from the latter.
VIII. Closing Orders under Housing Acts.
2172. Application of Closing Orders to Unoccupied FIouses.—Accoidmg to one witness it is open
to question whether an unoccupied and unlet house, although uninhabitable, can be closed by means
of a Closmg Order under the Housing, Town Planning, etc., Act, 1909. If this be the case it follows
that a Demolition Order cannot be made in regard to the house. The witness points out that the owner
of a bad house should not be permitted to escape its demolition by closing it himself. (Matthew Hay,
41,334 (71).) It is not clear to us that sections 17 and 18 of the said Act are inapplicable, but if there
is any doubt, we recommend that it should be made clear that the provisions of these sections apply
in such cases.
2173. Maintenance of Unoccupied Houses. — The same witness also suggests that hi regard to houses
closed either by the owner or the Local Authority there should be power to compel the owner to board
up the wuidows, and that in the case of ordinarily unlet property there should be an obligation on the
owner to keep the door properly secured. The absence of such powers results in nuisances being
created in the houses, the unlet and unoccupied rooms often being made receptacles for rubbish.
(Matthew Hay, 41,334 (72).) We agree with these suggestions.
2174. Conversion of Uninhabitable House into Business Premises. — Various witnesses have urged
that, if a dwelling-house is condemned as insanitary and uninhabitable, the owner ought not to be allowed
to convert it into business premises, workshops, or stores. (Maxwell Williamson, 5610 ; Lindsay, 6076-
83 ; Fyfe, 20,023-5 ; Templeman, 35,836 (18) ; and others.) According to the Medical Officer of
Health of Edinburgh, the health of the people who would work in such a house when used for business
premises would be affected injuriously equally as if it were occupied as a house. The point has been
imder the consideration of the Local Government Board, and we notice from their Report for 1916
(Cd. 8517, pp. xxvi-xxvii) that they have obtained the opinion of the law officers of the Crown, who
have advised that the duty of the Local Authority under subsection 2 of section 18 of the Housing,
Town Planning, etc.. Act, 1909, is imperative and not discretionary : that, therefore, the Local Authority
are bound to make a Demolition Order as regards a dwelling-house affected by a Closing Order where
the alternative provisions of the subsection have not been fulfilled, but that it would be open to the
appellate tribunal, on appeal by the owner, to quash the Demolition Order if satisfied that the dwelling-
house is no longer to be used as such or for human habitation, but is to be turned to some other pm'pose
not inconsistent with the objects of the Act.
2175. We are of opinion that where a house has been the subject of a Closing Order the owner ought
not to be able to escape the subsequent procedure as to demohtion by turning the house into warehouses
or stores or other business premises. The fact that the house is the subject of a Closing Order shows
that it is seriously defective in one or more respects. Accordingly we recommend that in such cases
the consent of the Local Authority should be necessary before the house can be used for any other
purpose, and that the owner should be entitled to appeal to the Local Government Board against the
refusal of the Local Authority so to consent to such use. Where consent is refused the procedure as
to demolition should then be carried out.
2176. Enforcement of Closing Orders. — Among the administrative difficulties experienced in carrying
out the provisions of the Housing, Town Planning, etc.. Act, 1909, is one arising from the omission of
section 17 (4) of that Act to provide for the eviction of a tenant from a dwelling-house in respect of which
a Closing Order has been made. The subsection provides for the tenant being ordered " on summary
' conviction " to quit within a specified time, but there is no power of ejection given. Some such power
seems necessary. (Macpherson, 2 (239) ; MacKenzie, 6549 (3).) The Clerk to the Middle Ward District
332 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Committee of Lanarkshire draws attention to the same defect. He^points out that the section provides
that the occupier is hable on summary conviction to be ordered to c[uit the dwelhng-house ; but, as the
witness says, the occupier cannot be summarily convicted, as failure to quit a house is not a crime or a
matter falling imder the cognisance of the Sheriff in the Summary Jurisdiction Court. It is a civil
process ; but the words of the statute are summary conviction, which are foreign to the civil process.
(Whyte, 36,834 (60).) This same point is brought out by SherifE-Substitute Armour Hannay in a note
to a decision by him quoted on page Ixxiv of the Report for 1914 of the Local Government Board for
Scotland. Mi- Whyte suggests that, to overcome the difficulty referred to, the Local Authority should
be empowered, on the tenant refusing to vacate the house in accordance with the statutory notice from
the Local Authority, to get from the SherifE a warrant for ejection within forty-eight hours. He pointed
out that in one case dealt with by his Local Authority they had, owing to this defect of the statute,
taken several months to get the occupants out of certain houses in reipect of which a Closing Order
had been passed, and that the expense incurred had been considerable — forty or fifty tenants having to
be proceeded against by ordinary action in Court. (Ibid., 36,834 (60).) It would seem from the
evidence of the Legal Member of the Local Government Board (Macpherson, 2 (238-40)), and from the
note by Sheriff Ai-mour Hannay above referred to, that under the existing powers the difficulty may not
be insuperable, but in order to removeall doubts and difficulties we recommend that definite power of
ejectment should be given.
IX. Demolition Orders under Housing Acts.
2177. Demolition of Houses closed informally before passing of 1909 Act. — ^A difficulty connected with
the demolition of uninhabitable houses is referred to by the Burgh Surveyor and Sanitary Inspector
of Dumfries, who states that there is no power to order the demolition of houses which were closed in-
formally before the passing of the Housing, Town Planning, etc.. Act, 1909, unless they have become
waste and ruinous and receptacles for rubbish and filth — in which case they may be dealt with under the
provisions of the Burgh Police Act, 1892, as to ruinous houses (see Chapter V., Paragraphs 194-199.) The
witness lecommends that provision should be made for Demolition Orders being granted for aU unin-
habitable or ruinous property after a period of notice to the owners. (Barker, 13,560 (24), 13,587.)
We. agree with this recommendation. The procedure would coixespond to that provided for in the
Housing Acts, and would be more direct than that provided for in the Burgh Police Act, 1892.
2178. The provisions of the latter Act dealing with dangerous and ruinous houses can at present be
adopted in landward areas only in special lighting, scavenging, water-supply, or drainage districts. The
Legal Member of the Local Government Board suggests that these powers be made applicable to all the
area of a landward Local Authority. (Macpherson, 2 (176), (483).) While we have no objection to this
recommendation, we consider that, as suggested in the previous paragi'aph, a simpler and more expeditious
procedure for dealing with such houses would be to apply, with any necessary modifications, the powers
as to demolition contained in section 18 of the Housing, Town Planning, etc., Act, 1909.
X. Notice of Proposed House Inspection under Housing Acts.
2179. Two witnesses draw attention to the provisions in the Housing, Town Planning, etc.. Act,
1909, which require that twenty-four hours' notice must be given to the owner and occupier of any house
that it is proposed to inspect. The Sanitary Inspector of Inverness burgh, dealing with the terms of
section 15 (2) of the above Act, which gives power to the Local Authority, on giving twenty-four hours'
notice in writing to the occupier, to enter a house for the purpose of seeing whether it is being kept in all
respects reasonably fit for human habitation, does not see any advantage in giving this notice but rather
the reverse. There is, he says, always the possibility that preparation is made for an inspection heralded
in this special manner, and such preparation may be made either to minimise or exaggerate the actual
conditions. He is of opinion that, unless in cases where access is refused, the sending of the notice of
proposed inspection is unnecessary and introduces needless labour, thus hampering the working of the
Act. (Knowles, 14,458 (11), 14,475-8.) The County Sanitary Inspector of Banffshire makes a similar
suggestion as regards this section and also the like provision in section 36 of the same Act. He instances
how the necessity for giving this preliminary notice hinders house inspection in a county area. A sanitary
inspector may be on duty in a certain area forty or fifty miles away from his headquarters ; when in this
area he receives a complaint or learns that a house in the neighbourhood is in an insanitary condition ;
according to the terms of the sections referred to he cannot make a statutory inspection under the Housing
Acts because the necessary twenty -fom- hours' notice has not been given. Unnecessary expense and delay
are therefore caused before the house can be inspected. (Mackintosh, Appendix CLVII. , 24. ) In carrying
out their duties under the Public Health Act the sanitary officers do not require to give any such previous
notice of inspection, and we recommend that for the purposes of their work of inspection under the
Housing Acts it should not be necessary for them to give any previous notice of the proposal to inspect a
house.
XI. Service of Notices under Housing Acts.
2180. It is pointed out by one witness that while notices to owners of houses under the Housing
Acts may be served by registered letter, there is Tio such provision in the case of the service of notices
on tenants. (Whyte, 36,834 (61).) We recommend that this point should be kept in view in any amend-
ment of these Acts. As the witness in question says : " If the simple expedient of posting can be done
' in the case of a Closing Order, there should be no difficulty in making it applicable to the case of a notice
' requiring a tenant to quit."
XII. Definition of " Owner " in Housing and Public Health Acts.
2181. Difficulties in the administration of the Housing Acts have arisen owing to the deffiiition of
" owner " in these Acts. The definition for the purposes of Part II. of the Housing of the Working Classes
REPORT. 333
Act, 1890, includes " all lessees or mortgagees," and it is frequently a matter of some difficulty to discover
all such owners, lessees, and mortgagees, with the result that proceedings are rendered void if it can be
proved that some such person has not been served with a notice. (Macpherson, 2 (237), (496).) The
difficulty is experienced more especially in connection with the issue of Orders for the closure or demolition
of houses, and in consequence considerable delay may occur in securing the remedy of defective housing
conditions. The Town Clerk of Dunfermline instanced a case where he had served a Closing Order in
respect of two houses which were entered on the Valuation Roll under the name of a lady as the proprietrix.
After serving the Order, a law agent intimated to him that this lady was only a liferentrix jointly with
her sister, and that a number of brothers, some residing in Scotland and some residing in England, were
the fiars ; consequently the Town Clerk had to serve the Closing Order on all these people. He did not
see how Local Authorities could possibly make sure that they had served all " owners," short of making a
search in the Sasine Registers, and to do so in every case where a Closing Order was made would, in his view,
be quite out of the question. Accordingly, he suggested that it should be sufficient to serve the owner,
agent, or factor appearing in the Valuation Roll, leaving it to such owner, agent, or factor to intimate
to any proprietor, co-proprietor, mortgagee, or other person interested. (Jack, 4518 (4-7), 4521, 4632.)
Other witnesses spoke to similar difficulties and made the same suggestion as above for a remedy. (Robb,
4835 ; Robertson, 19,815 (6), 19,822-3 ; Louden, 34,388 (53 (1)) ; Whyte, 36,834 (57), 36,953, etc.)
A somewhat similar difficulty has arisen in the experience of two witnesses in connection with the adminis-
tration of the Public Health Acts. Dr Dewar points out that this difficulty has been experienced in
connection with the repair of a bothy, the remedy of defects in a mining village, and in cases where houses
have been leased by the proprietor to a coal company who undertake to keep the houses in habitable
condition and repair. (Dewar, 764 (4), (12), 778, 1098.)" The Clerk to the Middle Ward District Committee
of Lanarkshire reports similar difficulty. (Whyte, 36,834 (90).) The definition of " owner " in section 3
of the Public Health (Scotland) Act, 1897, and in section 4 (22) of the Burgh Police (Scotland) Act, 1892,
does not include any reference to lessees or mortgagees, and the carrying out of these Acts in so far as
proceedings against owners are concerned is apparently not attended with the same difficutly as in the
case of the Housing Acts. But, as we have just shown, difficulty does arise even in connection with the
definition in the Public Health Act. Accordingly, to remove the administrative difficulties consequent
on the existing definitions, we recommend that in all proceedings against the owner under any of the Acts
named, he should be deemed to be the person whose name appears in the Valuation Roll as the owner,
except in cases where the property has changed hands since the Valuation Roll was prepared. In such
cases the new owner should be the party to be proceeded against. The notices of the Local Authority
should be held as validly served at the address given in the Valuation Roll.
XIII. Special Case to Court of Session under the Housing, Town Planning, etc.,
Act, 1909.
2182. Under section 39 of the Housing, Town Planning, etc.. Act, 1909, as applied to Scotland,
the Sheriff may at any stage of the proceedings on appeal in connection with a Closing or Demolition
Order state a special case for the opinion of the Court of Session on any question of law arising in the
course of the appeal. It has, however, been decided that the special case must be stated by the Sheriff
before he has pronounced judgment in the appeal to him. It is pointed out that the result of this decision
will be that every agent, to keep himself right, will require to intimate to the Sheriff in every case before
the appeal is disposed of that, if the Sheriff is against the agent on any point of law, the agent desires
to have a case stated before judgment is pronounced. It is urged that it would be better if parties were
allowed to appeal to the Court of Session in the ordinary way on the Sheriff's judgment in regard to any
point of law and after parties have had an opportunity of fully considering the judgment. (Jack, 4518
(8), (9), 4523 ; cf. Fyfe, 19,903-4 ; Lindsay, 23,272-4.) We"^ recommend that the section in question
should be amended so as to permit of the request for a special case being made subsequent to the judgment
of the Authority before whom the appeal comes.
XIV. Extension to County Local Authorities op Powers as to Improvement Schemes.
2183. Part I. of the Housing of the Working Classes Act, 1890, authorising Local Authorities to frame
improvement schemes for the clearance of insanitary areas applies only to hurghal Local Authorities,
and it has been suggested to us that the powers in this part of the Act should be made available to Local
Authorities of landward areas, as there are many large communities in the non-burghal portions of Scotland,
e.g. the mining and industrial districts of Lanarkshire, where the powers would be useful. (Macpherson,
2 (280), (481) ; cf. Whyte, 36,834 (48).) We concur in this suggestion.
XV. Extension op Powers of Trustees to Reconstruct Buildings Condemned by
Local Authority.
2184. It is suggested by one witness that where lands or houses are in the hands of trustees and
held for behoof of beneficiaries, they should have powers to reconstruct buildings condemned by the Local
Authority without incurring liability for claims made by heirs, although the power of reconstruction
was not conferred by the testator upon the trustees. In one case with which the witness was acquainted,
the trustees were advised that if they re-erected new buildings on the site of the condemned house they
would incur personal liability should the children of the liferenter claim that no such power was conferred
upon the trustees. The result was that a thatched building without sanitary conveniences was left
derelict. The witness referred to sections 7 of the Housing, Town Planning, etc., Act, 1909, and 74 of the
Housing of the Working Classes Act, 1890, as precedents for his suggestion. (Keith, 1249 (55).)
2185. We recommend that statutory powers should be conferred on trustees to reconstruct buildings
(houses or others) belonging to a trust estate under their charge.
334 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
XVI. Extent op Powers of Committee appointed tinder the Housing Acts.
2186. Under section 81 of the Housing of the Working Classes Act, 1890, a Local Authority may
appoint a committee of their own number for any purposes of the Act. Such a committee cannot, how-
ever, borrow any money, or make any rate or enter into any contract. Sir John Lindsay, the Town Clerk
of Glasgow, suggested that the words in the section " or to enter into any contract " might be repealed.
The presence of these words prevents a Local Authority from giving power to purchase any property to
a special committee in whom they have confidence without going through the long process of reporting
to the parent body, and the witness suggested that such a committee should, if so authorised by the
Local Authority, have power not only to negotiate with owners of property but actually to arrange a
sale if considered desirable. He admitted that the suggested powers were " very drastic, because the
' Corporation might be involved in £50,000 or £100,000 or £250,000 before they knew where they were."
This objection, he agreed, could be got over by limiting the amoxmt of expenditure which the committee
could incur. (Lindsxy, 23,324-8.) There are precedents in the existing statutes for this suggestion.
Thus the joint committee which may be appointed by County Councils and Town Councils under section 76
of the Local Government (Scotland) Act, 1889, may exercise all the powers of the bodies appointing the
committee, excepting the powers to raise money by rate or loan. Again, Town Councils, in terms of
section 74 of the Town Councils (Scotland) Act, 1900, may delegate any of their powers to committees,
except their powers to raise money by rate or loan. It is clear that, as the Local Authority by statute
are the borrowing and rating authority, the powers of raising money by rate or loan cannot be delegated
to any committee. But as regards their other duties it is common practice for them to remit to com-
mittees from time to time to execute certain specified duties with which they are entrusted. No doubt
there are objections to giving any committee unrestricted powers of entering into contracts, but we
think the conditions of the remit may safely be left to the Local Authority to determine in each case.
Wliere necessary they can set a limit to the amount of expenditure that the committee may incur, and
they can also, doubtless, so frame their standing orders as to enable the reconsideration at any time of
the terms of the remit to the committee. Accordingly, we recommend that the amendment of the Act
suggested by Sir John Lindsay be given effect to.
XVII. Necessity for Expediting Procedure for Eemoval of Nuisances under
Public Health Act.
2187. Several official witnesses have complainei of the delay there is under the existing statutory
powers in securing the lemoval of a nuisance. As already explained in Chapter V., an intimation is first
served by an officer of the Local Authority on the author of the nuisance requiring him to remove it ;
failing his doing so, the matter is reported to the Local Authority, who then serve a notice on the said
author again requiring him to remove the nuisance ; if he fails to attend to this notice, the Local Authority
apply to the Court to ordain him to comply with the Local Authority's requirements. As will be realised,
this procedure does not make for expedition in securing the removal of nuisances. As one witness
expresses it, the procedure " is very slow." (Barclay, 2141 (3) ; c/. Halliday, 33,500 (4), 33,506-10 ;
Kelso, 37,911 (9).) We are clearly of opinion that this procedure should be shortened, and we recommend
that the " intimation " and " notice " stages of the existing procedure should be combined, that the
sanitary officers of the Local Authority should be empowered whenever a nuisance is brought to their
knowledge to serve a notice on the author drawing his attention to the existence of the nuisance, indicating
generally the measures that are necessary to secure its removal, and stating that if withm a specified
time the nuisance is not abated the matter will be reported to the Local Authority for instructions as to
the institution of further proceedings in terms of the statute. On the matter being so reported to them,
it will be for the Local Authority to determine (1) whether a prosecution should be instituted, or (2)
whether the party responsible should be allowed a further period during which to take any steps necessary
for the removal of the nuisance, or (3) whether proceedings should be dropped. {Cf. Brand, 38,484 (5),
38,492-6 ; Dawson, 40,133 (42).)
XVIII. Paving op Yards, Courts, etc.
2188. As explained in Chapter V., Town Councils have powers to require the paving to their satisfaction
of private courts or of any common close, passage, or area (other than a bleaching-green, garden, or
shrubbery). No such general specific power is available in county areas. Dr Dewar considers that
Local Authorities which have " populous places " within their borders should have power to apply
within specified areas similar powers to those available to Town Councils. {Ihid.., 764 (62).) The Clerk
to the Middle Ward District Committee of Lanarkshire and the County Sanitary Inspector of Dumbarton-
shire each urge that the powers in section 21 of the Burgh Police Act, 1903, should be made available
to county Local Authorities. The former of these two witnesses points out that the provisions of that
section if in force in county areas would go far to remedy many nuisance conditions which are of a recurring
nature, especially in populous districts. (Whyte, Appendix CXXVIIL, 4; Dunbar, 42,959 (63).
Cf. also Davison, 4634 (24), (28) ; Lindsay, 5054 (32),; Dobson, 36,835 (42) ; Macdonald, 37,534 (21), (27).)
We agree that further powers are necessary for the Local Authorities of county areas in this respect, and
we recommend that such Local Authorities should be empowered by means of byelaws to require the
paving of yards and courts in populous areas in their district. Such populous areas would as a nile
coincide with the special scavenging districts, but we do not suggest that the powers should be limited
to such special districts, as there may be populous places that are not scavenging districts and which
do not require to be formed into such districts owing to the fact that a private system'of ''scavenging
is already in'operation there. The Local Authority in their byelaws should^indicate the'places'to which
the byelaws will be applied, and it will be open to anyTparty residing in any'of these placeslwho feels
himself aggrieved to lodge objections, which will be considered by the Local Government Board before
I
REPORT. 335
confirming the byelaws. In this way any attempt to enforce the powers generally throughout the area
of the Local Authority would be subject to the review of the Central Authority.
XIX. Repair of Roads that are Public Rights-of-Way.
2189. In Chapter XIV. we make suggestions whereby Local Authorities will be empowered to secure
that private roads are put and kept in proper repair. One witness points out, however, that there is no
power to secure improvements in roads which are public rights-of-way. Many of these roads, he says,
have been badly made and in wet weather become very muddy. (Davison, 4634 (29-32).) As we have
shown in Chapter V., Parish Councils have power to repair and maintain such roadways, but there is
no obligation on them to do so. In such cases we recommend that it should be the duty of the Local
Authority to keep such roads in a proper state of repair.
XX. Provision of Means for Carrying away Water-Drip from Bridges.
2190. According to the Clerk to the Middle Ward District Committee of Lanarkshire, the nuisance
of water-drip on the public highways is very common in that district, where there are so many railways
and sidings. He says that the expense of making provision for the taking away of the water is negligible,
and that the powers of the Burgh Police Act, 1892 (section 164), in so far as they require the owners of
railway bridges, etc., crossing over public thoroughfares to provide means of carrying away the water-
drip from the bridges, should be conferred on county Local Authorities. (Whyte, Appendix CXXVIII., 3.)
We approve of this suggestion.
XXI. Provision of Footpaths.
2191. We have a considerable amount of evidence pointing to the necessity for further powers being
conferred on Local Authorities of landward areas so as to enable them to require the provision of proper
footpaths. Dr Dewar, Medical Inspector of the Local Government Board, states that one of the defects
of house environment which is irksomely difficult to remedy is that which presents itself when the only
access to a house is by a miry footpath. It is clear, he adds, that if children cannot pass to and from
their house dry-shod, and must enter their homes with mud-covered footgear, cleanliness is at a discount.
(Dewar, 764 (22).) Dr M'Vail, formerly Medical Officer of Health of Stirlingshire and Dumbartonshire,
and now Deputy-Chairman of the Scottish Insurance Commissioners, refers to the necessity for footpaths,
and mentions this same point as to cleanhness. Dealing particularly with mining villages, he says that
" the roads are made up largely of ashes, and the children trot out and in all day and torment the mother ;
' the house floor gets dirty, as they have no place to scrape their feet on. A footpath is, of course, very
' desirable." (M'Vail, 5305 ; c/. Lindsay, 5054 (32) ; Brown, 18,354 ; Paul, 26,314-7 ; M'Kerrell, 26,661
(68) (2)) ; Macdonald, 37,534 (21).) We agree with Dr M'Vail that a footpath is very desirable, and we
recommend that Local Authorities should have power conferred on them to require the construction
and proper maintenance of a pathway from the nearest pubhc road to the door or gate or entrance of every
house, so that the occupants can enter with reasonable ease and comfort.
XXII. Whitewashing and Painting of Common Stairs.
2192. As already pointed out in Chapter V., the owners of all common stairs and common passages
must whitewash or paint them once every year if required to do so by the sanitary inspector. (Burgh
Police (Scotland) Act, 1892 (section 117).) As one witness points out, the effect of this provision is that,
no matter what period of the year the notice is served by the sanitary inspector, no proceedings against
the owner for failure to comply with the notice appear competent until the year expires. (Barker,
13,560 (25).) This is a clear defect in the statute, and we agree with the suggestion of the witness that
power should be given to require the necessary work to be done within a time specified in the notice.
XXIII. Provision of Receptacles for Rubbish in Scavenging Districts.
2193. The Clerk to the Middle Ward District Committee of Lanarkshire points out that in special
scavenging districts the greatest difficulty has been experienced in enforcing the provision of suitable
boxes for ashes, dust, etc. He suggests that when a special scavenging district is formed, the District
Committee, in addition to adopting the sections of the Burgh Police Act of 1892 that they are at present
empowered to adopt, should have power to adopt section 23 of the Burgh Police Act of 1903, under which
the owner is bound, on beijjg called on by the Local Authority to provide for the use of the occupants
of his house a fixed or movable receptacle for rubbish. The need for this provision, the witness says,
is especially urgent in the case of tenement property. (Whyte,' 36,834 (39), Appendix CXXVIII., 5 ;
Dobson, 36,912.) We recommend that this additional power be given Local Authorities of landward areas.
XXrV. Byelaws for Tents, Vans, and Sheds.
2194. It is pointed out by the Legal Member of the Local Government Board that section 73 of the
Public Health (Scotland) Act, 1897, which gives Local Authorities power to frame byelaws regulating
the occupation of tents, vans, sheds, and similar structures, provides that the power of entry of the
Medical Officer of H^lth or Sanitary Inspector can be exercised only between the hours of 9 a.m. and 6 p.m.
As the witness points out, such erections are not usually occupied during the daytime and accordingly
overcrowding is not likely to be detected. (Macpherson, 2 (92), (186).) We think it is desirable, in the
interests of the effective control of the occupation of such habitations, that the officers of the
Local Authority should have the right of entry at all times, and we recommend that the statute be
amended accordingly.
336 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
XXV. Loans for Public Health Pubposes.
2195. Under the Housing Acts the consent of the Local Grovernment Board is required before a
Local Authority can borrow money for the purposes of these Acts, and such consent is required whether
the money is b6rrowed from the Public Works Loan Board or from private sources. (Macpherson, 2
(319).) The consent of the Board is, however, not required to works carried out by Local Authorities
under the Public Health or Burgh Police Acts unless the money is to be borrowed from the Public Works
Loan Board. The Legal Member of the Local Government Board points out that, in consequence of this
limitation of the Board's powers of control, numerous works relating to public health matters throughout
the country are carried through of which the Board are unaware and over which they have no control
(Macpherson, 2 (104)), and he states that the consent of the Board should be required to borrowing in
^11 such cases. {Ibid., 54.) We recommend that the procedure under the Public Health and Burgh
Police Acts should be similar to that under the Housing Acts, and that where borrowing is necessary under
the former Acts in connection with the carrying out of works for public health purposes, such as the
provision of water-supply, drainage, sewage disposal works, hospital and sanatoria, slaughter-houses,
refuse destmctors, etc., the consent of the Local Government Board should be required. We think it is
desirable that this measure of central control should be given so as to ensure that the works proposed
to be carried out are on right lines and are likely to prove satisfactory.
2196. It is also noted that loans under the Public Health Act for water, drainage, etc., have to be
repaid within thirty years. The Legal Member of the Local Government Board says that it seems desir-
able that this period should be extended. (Macpherson, 51.) We understand that in Provisional Orders
obtained by Local Authorities under the powers of the Private Legislation Procedure (Scotland) Act,
1899, dealing with water and drainage schemes, power has been given to spread the repayment of the
necessary loans over a longer period than thirty years. We consider that the same concession should
be made to Local Authorities generally, and we recommend that the repayment of loans for public health
purposes should be extended to such period beyond thirty years as the Local Government Board in each
instance, after consideration of all the circumstances, determine.
XXVI. Confirmation of Byelaws under Burgh Police Acts.
2197. Tlie Legal Member of the Local Government Board points out that byelaws framed under the
provisions of the Burgh Police Acts may fall to be confirmed by three different Authorities, viz. the
Sheriff, the Local Government Board, and the Secretary for Scotland. (Macpherson, 2 (121).) Byelaws
framed under the Public Health Act, however, which in some cases cover the same subjects as byelaws
under the Birrgh Police Acts, required to be confirmed only by the Local Government Board. We are
of opinion that byelaws under the Burgh Police Acts relating to sanitary matters (including all byelaws
relating to buildings and streets) should, as in the case of byelaws under the Public Health Act, require
confirmation by the Local Government Board only, and we recommend accordingly.
XXVII. Insufficiency of Sanitary Staffs.
2198. We are clearly of opinion, not only from the evidence before us but as the result of our visits
to various areas in Scotland, that as a general rule the sanitary staffs of Local Authorities are quite in-
sufficient to overtake in anything like an eSicien;fc and satisfactory manner the manifold duties that now
fall to be performed by them. (See also Paragraph 1149 in chapter on Rural Housing, and Paragraph
1336 in chapter on Seasonal Workers.) Since the passing of the Local Government (Scotland) Act,
1889, under which the county Local Authorities in their present form were organised, the duties devolving
on the officials of Local Authorities not only of counties but also of burghs have gi'eatly increased, and our
recommendations if carried out will involve considerable additions to these duties. It may be noted that
under section 17 of the Public Health (Scotland) Act, 1897, it is the duty of every Local Authority to fcause
to be made from time to time inspection of their district with a view to ascertain what nuisances exist
calling for removal, while under section 17 (1) of the Housing, Town Planning, etc.. Act, 1909, it is the duty
of every Local Authority to make a similar inspection with a view to ascertaining whether there are any
dwelling-houses in their district that are unfit for habitation. We think that, more especially in the county
areas, where a considerable amount of the sanitary officers' time is naturally occupied in travelling, these
systematic inspections enjoined by statute cannot be effectively carried out, and we consider that many
of the insanitary conditions which we saw for ourselves in our visits of inspection must be due to lack
of knowledge of these conditions on the part of the Local Authority officials, otherwise they would surely
have been removed without delay. We are supported by various witnesses in our view that the sanitary
staffs are insufficient. {Cf. Macpherson, 15,227 ; Fletcher, 8244 ; Maxw^l Ross, 13,744 ; Knowles,
14,459; Cobban, 29,152 ; Douglas, 2698; Frew, 2811; M'Vail, 5347; Wedderspoon, 6254 (47).) We
consider it absolutely necessary that, if inspections under the Housing and Public Health Acts are to be
effectively carried out, there must be a considerable increase in the staffs of many Local Authorities,
and accordingly we recommend that the Local Government Board should see that sufficient staffs are
provided by the Local Authorities and should be empowered to require Local Authorities to provide
such staffs as the Board consider necessary.
2199. As has already been explained (see Paragraph 76), a grant is at present given in aid of the
salaries of medical officers of health and sanitary inspectors. This grant, which is of a fixed total amount,
varies according to the amount of salaries paid, and, as pointed out in the said paragraph, has fallen from
10s. 3|d. per £ of expenditure in 1892 to 5s. 9d. in 1911. Our proposals above will involve additional
expenditure on the part of Local Authorities in providing extra officers, and we consider that this grant
should be put on the same footing as other recent grants given in respect of public health expenditure,
and that the grant should be one of 50 per cent, of the expenditure for the purpose as approved by the
Local Government Board. This will restore the grant to the amoimt given in the earlier years of its
distribution.
REPORT. 337
XXVIII. Adoption by Landward Local Authorities of the Burghs Gas Supply
(Scotland) Act, 1876.
2200. As we have akeady indicated, there are apparently difficulties in putting into force in county
areas certain powers of the Burghs Gas Supply (Scotland) Act, 1876 (see Paragraph 897). By section
44 (10) of the Local Government (Scotland) Act, 1894, a District Committee upon the formation of a
special lighting district are empowered to adopt the Burghs Gas Supply (Scotland) Act, 1876, but the
Clerk to the Middle Ward District Committee of Lanarkshire points out that in respect of the differences
between burghal and county elections, and also in respect of the differing administrative powers in coimties
and burghs, there are many anomalies and difficulties which he suggests should be cleared away by an
amending Act. (Whyte, 36,834 (45) (3), 37,060.) It is not necessary for us to enter into detail on this
point. The witness just named stated that the Local Government Board had been made fully aware
of the difficulties (Ibid., 36,834 (123)), and we have no doubt that this matter is being kept in view for
amendmg legislation when the opportunity arises.
XXIX. Necessity for Consolidation of Public Health and Housing Statutes.
2201. In Chapter V. we have endeavoured to summarise under subject headings the existing law in
regard to Public Health and Housing. A glance at that chapter is, we think, sufficient to show the necessity
for a thorough consolidation of the various statutes dealing with these subjects. It must be a matter of
considerable difficulty even for the officials of Local Authorities, apart altogether from members of Local
Authorities and the public generally, to understand precisely the law on many poiats having regard to
the multiplicity of the statutes dealing with these points. (Cf. Macpherson, 2 (479) ; Thomson, 16,783
(27) ; Shaw, 37,533 (34).) We accordingly recommend that at the earliest possible date an Act should
be passed consolidating the various statutes on the subject of Public Health and Housing.
Summary of Recommendations and Suggestions in Chapter XXXII.
Appeal Authority.
(1) That in addition to the matters already falling to the Local Government Board as an appeal
authority under the existing statutes, they should be the appeal authority in regard to the various
matters specified in Paragraph 2107. (Paragraph 2107.)
(2) That all disputes which arise between one Local Authority and another or between a Local
Authority and any other parties, and which for their decision require expert knowledge on the subject
of housing or public health, should be referable to the Local Government Board. (Paragraph 2108.)
(3) That in connection with points of law arising on such appeals the Local Government Board should
be empowered where they choose to decide such points of law, but they should also be given the option
of refening such points to the Court of Session for decision, and should be bound so to refer them when
so directed by that Court. (Paragraph 2106.)
Water-Supply to Houses in Cmmty Areas.
(4) Tliat in regard to all new houses buUt in special water-supply districts or in districts where,
without the formation of such specal districts, water-supply schemes have been carried out, it should be
obligatory on the owner to introduce water into the houses unless there are special reasons satisfactory
to the county Local Authority why this caimot be done. In cases where the county Local Authority
are satisfied that water cannot be brought into the house, they should require that a supply should be
available immediately outside the house or as near thereto as the water can be brought. (Paragraph
2111.)
(5) That wherever possible in the special or other districts mentioned in (4) water should be intro-
duced into existing houses, but that if this is not practicable, county Local Authorities should have power
to see that it is available immediately outside the house or as near thereto as the water can be brought.
(Paragraph 2111.)
(6) That county Local Authorities should be bound to bring their water mains within a reasonable
distance of houses. (Paragraph 2111.)
(7) That there should be an obligation on county Local Authorities to see that every house outwith
special water districts or other districts mentioned in (4) either has a supply of water introduced into it
or has one just immediately outside, and that in cases where this is not possible, the county Local Authority
should see that a supply is available within as short a distance of the house as the water can be brought.
(Paragraph 2112.)
(8) That no new house should be erected outwith a special water-supply district unless the county
Local Authority are satisfied that a supply of water will be introduced into the house or will be available
immediately outside. (Paragraph 2112.)
(9) That section 125 of the Public Health (Scotland) Act, 1897, should be amended so as to provide
that the length of notice to be given by a county Local Authority to the owner of a house requiring him
to provide water for that house should be reduced to one month, with power to the county Local Authority
to extend the period on good cause being shown. (Paragraph 2113.)
(10) That all appeals against the requirements of county Local Authorities in regard to the intro-
duction of water to houses should be made to the Local Government Board. (Paragraph 21 14.)
Wateir-Supply to Houses in Burghs.
(11) That it should be obligatory on Town Councils to see that water is introduced into or is
available immediately outside every existing house, and that in all new houses water is introduced into
the house, any disputes to be referable to the Local Government Board. (Paragraph 2115.)
22
338 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Water-Supply fw Colliery Villages.
(12) That in cases where the supply of water for colliery houses is provided by the mine-owners,
Local Authorities should have definite powers to require (a) sufficient storage and filtration or softening,
or both, according to circumstances, and in some cases (6) the making of proper arrangements for the
collection of roof-water for washing purposes. (Paragraph 2116.)
(13) That water pumped from working levels of mines should be prohibited for domestic use.
(Paragraph 2117.)
(14) That Local Authorities should be empowered to require convenient arrangements for miners
taking with them into the underground workings a small supply of drinking water so as to prevent resort
to water polluted in the workings. (Paragraph 2117.)
Drainage.
(15) That in burghs and in special drainage districts or in parts of counties where, without the forma-
tion of such districts, a Local Authority have carried out a drainage scheme, the Local Authority should
be requned to bring their sewer within a reasonable distance of houses and that any dispute as to what
is a reasonable distance should be refeiTed to the Local Government Board. (Paragraph 2118.)
(16) That power should be conferred on Local Authorities for the regulation of the introduction of
trade effluents into sewers, and that disputes between Local Authorities and traders on the subject should
be settled, failing agreement, by an arbiter appointed by the Local Government Board. (Paragraph 2119.)
Provision of Water-Closets in Burghs.
(17) That it should be obligatory on the part of Town Councils to exercise the powers with which
they are at present invested whereby they may requii-e the provision where practicable of a water-closet
or earth-closet for every house. (Paragraph 2120.)
(18) That no new house should be permitted to be erected in a burgh unless it has a water-closet
for its exclusive use. Wliere, however, it is not practicable to provide a water-closet, an earth-closet or
other form of closet approved by the Town Council should be requhed. (Paragraph 2120.)
Provision of Water-Closels in County Areas.
(19) That in special drainage districts or in places where, without the formation of such districts,
a drainage scheme has been provided, county Local Authorities should be required to see that a water-
closet wherever practicable is provided for every house, and that in such special districts or other places
no new house should be permitted to be erected unless it has a water-closet for its exclusive use ; the same
condition as to the provision of earth-closets in exceptional cases as is suggested above in the case of
burghs to apply. (Paragraph 2121.)
(20) That in coimty areas outwith special drainage districts or other districts mentioned in (19),
it should be obligatory on the county Local Authority to see that every house (existing or new) is supplied
either with a water-closet or an earth-closet or other foj'm of closet approved by the Local Authority.
(Paragraph 2122.)
(21) That in cases where a house is not provided with a water-closet or earth-closet for its own use, the
Local Authority should be required to see that such a separate convenience is provided wherever this
is reasonably practicable, but that where the difficulties of construction make this impossible, a con-
venience should be provided for every two houses. (Paragraph 2124.)
(22) That no new house should be allowed to be put up that does not have a convenience for its own
use. (Paragraph 2125.)
(23) That all disputes in regard to the provision of water-closets or earth-closets for houses in counties
or burghs should be referable to the Local Government Board. (Paragraph 2126.)
Provision of Sculleries, Coal Storage Accommodation, Larders or Food Stwes, Presses,
and Baths.
(24) That no new houses either in counties or in burghs should be allowed to be erected unless they
are provided with sculleries and washhouses, and that Local Authorities should be required to see that
sculleries are provided in existing houses wherever such a course is reasonable and practicable. (Para-
graphs 2128 and 2129.)
(25) That it should be obligatory on Local Authorities to see that in all cases accommodation for
the storage of coal is provided to their satisfaction. (Paragraph 2131.)
(26) That all new houses should be provided with a larder ventilated directly from the outside,
and that Local Authorities should insist on this accommodation being provided before the plans of the
houses are approved. (Paragraph 2132.)
(27) That Local Authorities should be required to see that adequate press accommodation is pro-
vided in new houses. (Paragraph 2133.)
(28) That Local Authorities should be empowered to require the provision of a bath for every new
or reconstructed house with a right of appeal to the Local Government Board on the part of any owner
or builder against the requirement of the Local Authority. (Paragraph 2136.)
Building Byelaws in County Areas.
(29) That it should be obligatory on every cormty Local Authority to frame building byelaws.
(Paragraph 2138.)
(30) That the present scope of the byelaws imder section 181 of the Public Health (Scotland) Act,
1897, should be extended to cover the matters specified in Paragraphs 2139 to 2147.
REPORT. 339
Building Regulations in Burghs.
(31) That section 166 of the Burgh Police (Scotland) Act, 1892, should be amended so as to make it
clear that, even though no structural alterations are intended, it shall not be possible to use for human
habitation, without the sanction of the Dean of Guild Court, any room or rooms in a building which
had not been previously used as a dwelling-house, but which was being converted into a dwelling-house.
(Paragraph 2149.)
(32) That where a commencement is not made with the erection of a building within two years
from the date when the warrant was obtamed in terms of the Burgh Police (Scotland) Act, 1892, it should
be necessary to apply for and obtain a fresh warrant before proceeding to erect the building. (Para-
graph 2150.)
(33) That a general power should be conferred on Local Authorities enabling them to control the
height and character of any building to be erected in their area, and that this power should apply not
only to the height of houses but to the height of any factory or other building. (Paragraph 2151.)
(34) That in the case of new or reconstructed cottages or double-flatted houses, the existing provisions
in the Burgh Pohce (Scotland) Act, 1892, should be modified to permit of rooms being built of a height
of 3 feet 6 inches and 8 feet on the gromid and upper floors respectively, but that in the case of attic
rooms the height should be 8 feet through not less than one-half the area of the room, but at no part less
than 5 feet. (Paragraph 2152.)
(35) That Town Councils should be empowered to relax in such cases as they consider appropriate
the requirement in rule 7 of Schedule IV. of the Burgh Police (Scotland) Act, 1892, that party walls are
to be carried through the roof to form a parapet. (Paragraph 2153 {a).)
(36) That Town Councils should be empowered to modify rule 12 of the same schedule so as to
allow of the wall suiTounding every chimney or flue being of not less than 4J inches thick if of brick,
or 6 inches if of stone. (Paragraph 2153 (b).)
(37) That Local Authorities of counties and burghs should have power to make byelaws for the
pm'pose of regulating the laying down of material used for making up of ground. (Paragi-aph 2154 {a).)
(38) That Local Authorities of counties and burghs should be given power to require that there
shall be not more than one layer of wallpaper on a wall at any time. (Paragraph 2154 (6).)
(39) That the plans of all houses or alterations or additions to houses and of all buildings which,
when erected, will come under the supervision of the medical officer of health and sanitary inspector
should, before being approved by the Local Authority, be submitted to these oSicers for their opinions
qua matters affecting health. (Paragraph 2155.)
(40) That in burghs the approval of the Town Council should be required to the sites of all houses
to be erected. (Paragraph 2156.)
(41) That in the absence of a town-planning scheme, the approval of the Town Council should be
required to the number and arrangement of buildings on the site in cases where new buildings are being
erected. (Paragraph 2157.)
(42) That where rooms are shown on plans submitted to Local Authorities of counties or burghs
as box-rooms, such rooms should not be used as sleeping-rooms until the approval of the Local Authority
to the change has been obtained. (Paragraph 2159.)
(43) That Local Authorities of counties and burghs should have power to control the placing of
gas stoves in dwelling-houses and the provision of flues. (Paragi'aph 2160.)
(44) That the adoptive provisions in the Burgh Police (Scotland) Act, 1903, giving control over
buildings, should be extended and made applicable to all burghs. (Paragraph 2161.)
(45) That houses provided by or for Government departments should be subject to the byelaws
or regulations of the county or burgh Local Authority in whose district the houses are being erected.
(Paragraph 2163.)
Statutory Bequireniemts atid Byelaws.
(46) That various matters at present regulated by the provisions of the statute should, in future,
be regulated by means of byelaws framed by the Local Authority and confirmed by the Local Govern-
ment Board ; that provision should be made for afperiodical review by the Local Authority of all byelaws
in force in their area, at least every ten years, and that the Local Government Board should be empowered
to reqviire the revisal at any time of any byelaws that have in their view become obsolete or imworkable,
and that any disputes between Local Authorities or their officials, and the persons responsible for observ-
ing the byelaws should be referred to the Local Government Board. (Paragraphs 2164 to 2169.)
(47) That Local Authorities should be required to frame byelaws subject to the approval of the
Local Government Board for the proper maintenance of houses. (Paragraph 2171.)
Closing and Demolition Orders.
(48) That it should be made clear that the provisions of sections 17 and 18 of the Housing, Town
Planning, etc.. Act, 1909, apply to unoccupied and unlet houses which are iminhabitable. (Paragraph
2172.)
(49) That Local Authorities should have power in regard to houses that have been closed to require
the owner to board up the windows and to keep the doors properly secured. (Paragraph 2173.)
(50) That where a house has been the subject of a Closing Order, the consent of the Local Authority
should be necessary before the house can be used for any other purpose, and that the owner should be
entitled to appeal to the Local Government Board against the refusal of the Local Authority to give
such consent. (Paragraph 2175.)
(51) That Local Authorities should be given definite power of ejectment in cases where tenants
refuse to leave dwelling-houses that are the subject of Closing Orders. (Paragraph 2176.)
(52) That provision should be made for DemoUtion Orders being granted after a period of notice
to the owners for all uninhabitable or ruinous property that was closed informally before the passing
.of the Housing, Town Planning, etc.. Act, 1909. (Paragraph 2177.)
340 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Miscellanemis Recommendations.
(53) That for the purposes of their work of inspection under the Housing Acts, it should not be
necessary for sanitary officers to give any previous notice of their intended inspection of a house.
(Paragraph 2179.)
(54) That notices served on tenants luider the Housing Acts should be competently served by
registered letter. (Paragi-aph 2180.)
(55) That in all proceedings against the owner under the Public Health, Bui-gh Police, or Housing
Acts, he should be deemed to be the person whose name appears in the Valuation Roll as the owner,
and that the notices of the Local Authority should be held as vahdly served at the address given in the
Valuation EoU. (Paragraph 2181.)
(56) That section 39 of the Housing, Town Planning, etc., Act, 1909, should be amended so as to
permit of the request for a special case being made subsequent to the judgment of the Authority before
whom the appeal comes. (Paragraph 2182.)
(57) That the powers under Pai-t I. of the Housing of the Working Classes Act, 1890, should be made
available to county Local Authorities. (Paragraph 2183.)
(58) That statutory powers should be conferred on trustees to reconstruct buildings belonging to
a trust estate under their charge. (Paragraphs 2184 and 2185.)
(59) That section 81 of the Housing of the Working Classes Act, 1890, should be amended by the
omission of the words therein " or to enter into any contract." (Paragraph 2186.)
(60) That the provisions of the Public Health (Scotland) Act, 1897, dealing with the removal of
nuisances should be amended so that the " intimation " and " notice " stages of that procedure should
be combined, that the sanitarj' officials of the Local Authority should be empowered whenever a nuisance
is brought to their knowledge to serve a notice on the author, and that if this notice is not compUed with
the matter should be reported to the Local Authority for consideration as to further proceedings.
(Paragraph 2187.)
(61) That Local Authorities in comity areas should be empowered by means of byelaws to require
the paving of yards and courts in populous areas in their district, there being an appeal to the Local
Government Board on the part of any person aggrieved by the proposal of the Local Authority to put
this power in operation. (Paragraph 2188.)
(62) That it should be the duty of the Local Authority to keep in a proper state of repair roads
which are pubhc rights-of-way. (Paragraph 2189.)
(63) That the powers in section 164 of the Burgh Police (Scotland) Act, 1892, in regard to the pro-
vision of means for carrying away water-drip from bridges should be available to Local Authorities of
county areas. (Paragraph 2190.)
(64) That Local Authorities of county areas should have power conferred on them to require the
construction and proper maintenance of a pathway from the nearest pubhc road to the door or gate
or entrance of every house. (Paragraph 2191.)
(65) That section 117 of the Burgh PoHce (Scotland), Act, 1892, should be amended so as to provide
that the whitewashing or painting of common stairs or common passages shall be carried out within a
time specified in the notice of the sanitary inspector. (Paragraph 2192.)
(66) That Local Authorities of county areas should be empowered to adopt in special scavenging
districts the provisions of section 23 of the Burgh Pohce (Scotland), Act, 1903, in regard to the provision
of a fixed or movable receptacle for rubbish. (Paragraph 2193.)
(67) That section 73 of the Pubhc Health (Scotland) Act, 1897, dealing with the control of tents,
vans, and sheds, should be amended so as to permit of the officers of the Local Authority having the
right of entry at all times. (Paragraph 2194.)
(68) That the consent of the Local Government Board should be required to all loans obtained by
Local Authorities for pubhc health purposes. (Paragraph 2195.)
(69) That the repayment of loans for public health purposes should be extended to such period
beyond thirty years as the Local Government Board in each instance determine. (Paragraph 2196.)
(70) That byelaws under the Burgh Police Acts relating to sanitary matters, including all byelaws
relating to buildings and streets, should require confirmation by the Local Government Board only.
(Paragraph 2197.)
(71) That the Local Government Board should see that sufficient staffs are provided by Local
Authorities and should be empowered to require Local Authorities to provide such staffs as the Boaixl
consider necessary. (Paragraph 2198.)
(72) That the grant given in aid of the salaries of medical officers of health and sanitary inspectors
should be increased to one of 50 per cent, of the expenditure for this purpose as approved by the Local
Government Board. (Paragraph 2199.)
(73) That the difficulties that at present exist in the way of coimty Local Authorities adopting
the Burghs Gas Supply (Scotland) Act, 1876, should be removed. (Paragraph 2200.)
(74) That at the earliest possible date an Act should be passed consolidating the various statutes
on the subject of pubhc health and housing. (Paragraph 2201.)
CHAPTER XXXIII.
REVISION OF ADMINISTRATIVE AREAS AND DUTIES OF LOCAL AND
CENTRAL AUTHORITIES.
Nature of the New Problems to be dealt with.
2202. Our chief practical recommendation in this Report is that the Local Authority for Public
Health and Housing should be placed under a definite obligation to see that the district is adequately
REPORT. 341
provided with suitable houses, and that where private enterprise in all its forms fails to meet the
demand, the Local Authority itself should be under obligation to provide houses. This recommenda-
tion we base on the grounds already set forth. The duties thus placed on the Local Authority are
such as the following — a detailed survey of all the houses in their area ; the closing of the houses
declared to be uninhabitable ; the ascertaining of the number of houses required for the sufficient
housing of the population ; special inquiry as to the possibilities of local enterprise ; the preparation
of reconstruction schemes, improvement schemes, and building schemes under the various powers of
the Housing Acts ; the preparation of town plans ; the technical surveys of land and property, the
valuations and arbitrations, the assessments and borrowing arrangements, and all the other proceedings
consequent on these undertakings. Add to these, the provision of adequate water-supplies, the provision
of sewerage and drainage, the provision of hospitals, convalescent homes, reception houses, and other
institutions for infectious diseases and general sickness, the provision for maternal and child welfare, and
the further general provision for the maintenance of efficient public health administration.
2203. In some of the rural areas these profelems will co:ifcinue to be relatively small ; but in the
rapidly developing industrial areas such as the counties of Lanark, Ayr, Fife, Stirling, Dumbarton,
Renfrew, and the Lothians, these problems will increase in magnitude and urgency. The recommendation
that for the housing of the community the Local Authority should be placed under the same obligation
as it at present is under for the administration of public health generally involves these very large issues ;
but from the evidence obtained by us or submitted to us, we are satisfied that this is the least that can
be demanded if the rehousing of the industrial community is to proceed with sufficient rapidity. In the
developments that have been forced on by the war, one truth has been made abundantly clear : the housing
of the industrial workers can no longer be regarded as a problem merely for the localities ; it is essentially
a question of national interest and must be dealt with from the national standpoint. It is, however,
in our view essential that the Local Authorities, reconstituted along the lines we suggest, should be the
executive authorities for the realisation of the national policy.
Necessity for Preserving Units of Public Health and Housing.
2204. For the carrying out of this policy, we do not propose that a new Local Authority should be
set up. Housing is, in our view, primaril}-^ a department or section of public health administration. In
the evidence put before us this view was universally accepted. Even the witnesses who expressed a
preference for superseding the Local Authorities by a Central Authority did so on the ground that the
public health would thereby be better maintained. It is agreed on all hands that the public health
administration and housing administration should, as at present, continue to be the functions of a single
authority. The general reasons for this are incontestable. Housing is a fundamental element in the
public health. This is proved in other sections of our Report. The provision of new houses cannot be
dissociated from the improvement of old houses. This is implied in the Housing Acts, under which the
Local Authority is endowed with powers to require uninhabitable houses either to be closed or to be
rendered habitable. Further, the Public Health Authority has full powers for the provision of water,
sewerage, hospitals, and public health institutions generally. This is shown in our exposition of the
present powers of the existing authorities. At no point is it possible to dissociate the public health duties
from the specific duty of providing suitable houses. In the exposition referred to it is shown that from
the control and removal of nuisances at the one end to the actual provision of houses and town planning
at the other end the responsibility of the Local Authority for public health is continuous. Our proposal
to place an obligation on the Public Health Authorities amounts to little more than a slight extension of
their present duties under Part III. of the Ho\ising of the Working Classes Act, 1890. Accordingly, we
can discover no grounds for the special creation of an ad hoc local housing authority. We consider
that all the conditions of efficiency can be fulfilled by a slight increase of powers and some further provision
for the enlargement of areas and combination of the present Local Authorities.
Necessity for Larger Administrative Areas.
2205. In the larger burghs, the populations and valuations are, as a rule, sufficient to enable the Local
Authorities to assume full responsibility for the provision of housing. They are responsible for large areas ;
they control large values and assessments ; they have had experience of the large financial transactions
involved in the formation of new streets and roads, the execution of improvement and reconstruction
schemes, the provision of water-supplies and sewerage, the provision of hospitals, the provision of public
parks and open spaces, and in many other phases of municipal enterprise. They are able to employ an
adequate mxmber of whole-time technical and professional officers. By operating on a large scale
they are in a position to carry out extensive and efficient public schemes without undue waste. It is
true that, as shown elsewhere, the present procedure for the compulsory acquisition of land is a severe
handicap on progi'essive authorities ; but, even under this handicap, the principal towns and districts
have shown their capacity to carrj'^ through large schemes of water-supply, sewerage, etc.
2206. The larger towns, therefore, are in a position to undertake all the obligations we propose to
place on the Local Authority ; but with the smaller towns and the smaller rural Local Authorities the
case is altogether different. By themselves these Authorities are rarely in a position to maintain the
whole-time technical and professional service necessary for the execution of housing schemes or the
incidental engineering schemes for water and drainage. Under present conditions these Authorities
naturally restrict themselves to the requirements of their own district, and in many instances the public
services are but scantily and imperfectly administered. But in many localities the boundary between
a town district and a county district is artificial. The interests of town and county in the better housing
of the population, in the better provision of water, drainage, hospitals, etc., may be identical ; yet, under
the restrictions of the present law, each minor Local Authority, instead of combining freely with its
neighbours, limits its operations within its own resources. The disadvantages of the small Local
Authorities have been manifest ever since the passing of the Local Grovernment (Scotland) Act, 1889,
342 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
and more particukrly since the passing of the Public Health (Scotland) Act, 1897. Under the latter Act,
every burgh, whatever its population, is a Local Authority for public health. In some cases the popu-
lation of its area is less than five hundred. It is everywhere recognised that however desirable it may
be to preserve the civic instincts of small localities, the burghs so small in population and in resources
cannot maintain efficient public services. This has been fully realised by the small burghs themselves.
For the police and public health purposes, they have, in considerable numbers, become practically part
of the public health systems or police systems for the county districts or for the counties. But under
such a system they sacrifice in great measure their direct representation, and practically cease to exist
as active or independent Authorities for certain purposes. Thus burghs that themselves are quite unable
to maintain a whole-time medical officer of health or sanitary inspector have agreed to accept the
services of the whole-time county officials. For the provision of hospitals for infectious disease, the
smaller rural districts have frequently combined with one another and with the burghs in their area.
Under the Housing, etc.. Act of 1909, the Local Government Board has power to establish, under a town-
planning scheme, a joint conunittee of two or more LocarAvithorities as an authority to execute the scheme.
Here the principle of enforced combination is as explicitly recognised as in the case of combinations for
the provision of hospitals. The Local Authorities have followed the same policy even on a larger scale
in the provision of sanatoria for tuberculosis. In some of the counties, too, the medical inspection of
school children is arranged essentially on a county basis, all the towns with less than 20,000 of a popu-
lation being elements in the larger area. In the constitution of the Insurance Committees the same
principle has been followed. Under the National Insurance Act, 1911, the "Insurance County Council "
includes all the burghs of less than 20,000 inhabitants. In the Education (Scotland) Act, 1908, the
Scotch Education Department has power to require by order the combination of such school boards as
in then- view are too limited in area or in resources to provide satisfactory educational institutions In
the locality. These illustrations suggest two things : first, that the obligations now placed upon Local
Authorities cannot be efficiently discharged by Local Authorities of very small areas and resources ; second,
that, for the fulfilment of these obligations, the principle of combining county authorities with one
another, burghal authorities with one another, and county authorities with burghal authorities is a
recognised and tested method of bringing about a sufficiently large and suitable administrative area.
For the provision of infectious disease hospitals the powers go even further. It is open to the Local
Authorities to combine voluntarily : but where, in the opinion of the Local Government Board, such
combination is desirable for the adequate provision of hospitals in the area, the Board may enforce
such combination.
2207. The experience of public health administration during the last twenty-seven years would
alone have been a sufficient ground for suggesting an enlargement, by combination or otherwise, of many
of the public health areas. In fact, the increase of services required and the economy necessary for their
execution have to some extent tended to induce the Local Authorities to combine their resources for the
provision and maintenance of institutional and official services. But when to the present obligations
is added the obligation to see that housing is provided, the case for larger areas of administration
and authorities with larger total resoiirces becomes incontestable. Even where burghal and county
authorities are in other respects sufficient for their present burdens, there is great overlapping and
administrative waste. One of the most striking illustrations is to be found in the Middle Ward of Lanark.
In his evidence before us, Mr Whyte, Clerk of the Middle Ward District, said : —
In the Middle Ward of Lanark, in addition to the Middle Ward county district, there are the
burghs of Motherwell, Hamilton, Wishaw, Airdrie, and Coatbridge. Hamilton, Motherwell, Wishaw,
and the Middle Ward have all separate schemes of water-supply, while Airdrie, Coatbridge, and a
portion of the Middle Ward have another scheme. Practically all their gathering grounds are from
the same range, if one might so express it, and we have instances of huge main pipes running side
by side down the same roads. That, consequently, means an extravagant scheme for all the parties
concerned, and could in a great measure have been obviated if the whole had been consolidated into one
scheme. We are perfectly satisfied, both from our own knowledge and from expert advice, that
the gathering areas there could have been conserved at the outset and one scheme formulated which
would have served all parties, and at a much cheaper rate than several of the Authorities can get
their water at the present time. We were first in the field as regards applying for special powers
f 01 water. The burghs of Hamilton and Motherwell came next, and the point is this, that Parliament
did not seem to specially consider the existing sources or the existing facilities, or whether the wants
of, say, Motherwell could be met by an enlargement of the Middle Ward scheme, or by an inter-
change of facilities ; they simply took the application on its merits and dealt with it accordingly,
with the result that each authority applied from time to time for independent powers for a water-
supply. (Whyte, 36,853, 36,854.)
2208. The overlapping involved in the undertakings here referred to cannot be justified, and these
instances are t)^ical of many ca ses of independent action where joint action would have been the proper
course to follow. But if the industrial communities of Scotland are to be adequately provided with water
and sewerage, and if the water-supplies of Scotland are to be surveyed and conserved in the way we
suggest, the local competition for the possession of water areas, the local resistance of areas already
provided with lesser schemes, the struggle of the burghs to annex the rapidly urbanising county areas,
the interest of the county districts in preventing the impoverishment of their rating areas — these and the
many local difficulties arising from them will continue to operate against the public interest. When the
Local Authorities are required to follow an active policy of housing, the frictional difficulties between
burgh and burgh, between town and county, and between county districts will certainly not be reduced.
Yet, from the evidence before us, we are clearly of opinion that the economical housing of the people,
the efficient town planning of areas, and the provision of water-supplies on a large scale necessitate
sufficient combinations of areas and Local Authorities to place all sections of the country on the same
footing of efficiency as the larger burghs already occupy.
REPORT. 343
Burghs under 10,000.
2209. How far do the present authorities fulfil the conditions we have indicated ? The following
figures are a sufficient answer : —
There are
6
burghs
under
1,000
Th<
5re are
4
burghs
under 7,000
23
2,000
)»
1
))
„ 8,000
17
3,000
>)
4
J)
„ 9,000
16
4,000
>>
1
M
„ 10,000
10
8
5,000
6,000
90
2210. There is no need to characterise individual places, many of which, although they have done
excellent work within their limits, are not in a position to undertake even such housing schemes as may be
locally required. It is enough to say that many of the present Local Authorities are too limited in area
and population ; the resources they command are too small ; they tend towards the exaltation of local
interests against or instead of the interests of the whole area on whose prosperity they ultimately depend.
If public health in the large sense now contemplated is to be sufficiently administered, expansion of powers,
consolidation of functions, and enlargement of areas are necessary.
Alternative Methods of Securing these Conditions.
2211. To secure the larger area and the more efficient Local Authority two alternative proposals
suggest themselves : (a) The establishment of areas with a population of not less than, say, 50,000
inhabitants, with a single Local Authority for the administration of public health (including housing) ;
(b) that powers should be conferred on the Central Authority to enforce such combinations of existing
authorities as will secure an area with sufficient resources to maintain efficient public services.
(a) The Constitution of New Areas.
2212. The first proposal entails the revision of boundaries throughout the country by a Boundary
Commission. The objective would be to parcel out the town and county areas in such a way as to secure
a community of not less than 50,000 inhabitants. This figure is not to be taken as definite. It is merely
suggested as a convenient unit for sufficient administration. For the purposes of public health (including
housing), the new unit area would include such burghs and elements of the county district as may be
necessary. The whole country would be thus mapped out intw new sections. In many localities no
change of the present areas would be necessary ; but in others, some of the present districts might have
to be divided and included in other districts. Over the new unit area thus delimited there would be a single
Public Health Authority. This could be formed from two sources, first, from the Town Councils included
in the area ; second, from the District Committee members respresenting the county electoral divisions
included in the area, the electoral divisions corresponding roughly with the parish areas. Each district
has a definite number of electoral divisions ; the District Committee is made up of the county councillors
representing those divisions and members elected from each of the parishes included in the district.
In the new delimitation of boundaries, it might happen that only a few of the electoral divisions or
parishes of a district would be included along with the burghs to constitute the new unit area. In that
case, the District Committee representatives of the county electoral divisions included would form part
of the new authority. Town Councillors would form another part. The new authority would have the
full powers of the Public Health Authorities to execute the Public Health Acts, the Housing Acts, and the
other Acts falling to the Public Health Authority. The new authority would have rating powers over
the whole area as a single unit. It would also have powers of borrowing.
2213. An authority for public health (including housing) constituted on this plan would be set up
for every area of the country. It would leave to the present District Committees as such, to the County
Councils as such, and to the Town Councils as such a considerable portion of the duties that these bodies
normally discharge at present. But for the purposes of public health (including housing) the powers of
these three bodies would, to the extent necessary, be transferred to the new authority of the unit area.
The duties of the members of the various authorities would not, of course, be in any way curtailed. They
would simply be discharged in a different capacity.
2214. This proposal has advantages. It would secure in many instances that, instead of the present
dissociation of interests between burghs and county districts, the interests of the whole area would be
in the charge of a single authority with powers. For housing and town planning this is of importance.
The towns, as the main centres of industry, tend continually to overflow their boundaries. The county
districts equally tend to resist as long as possible the extensions of the towns, and under such conditions
they may be indisposed to provide up-to-date services for the areas adjoining the burghs for the reason
that they are always liable to lose them. Under the new proposal it would be the interest both of the
town and the coilnty area to move as a single unit. The single Local Authority would have full powers
within the whole area. The development of a town-planning scheme within the area would not thus
raise difficult questions of burgh extension or interfere with the rating values of town and county. The
water-supphes, the sewerage, and other works involved would be governed by the same principle. Public
health (including housing) would be dealt with as the single problem it always is in reality. Infectious
disease is not limited by the imaginary line that separates burgh and county. Nor would this imaginary
line be a reason for having a burgh hospital on the one side of it and a county hospital on the other, the
one taking in no patients from the burgh, the other taking in no patients from the county. Maternity
centres or child- welfare centres could be established at places within the area suitable for all mothers and
children whether belonging to the burghal portion or to the landward portion. It would be possible to
give many other illustrations of the advantages of unifying in this simple and direct way the necessary
number of electoral divisions of town and county.
344 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
2215. To be effective, the new authority, as we have indicated, would have to be endowed with
powers of rating and raising loans. The rate might be made a uniform rate within the whole district,
or, in special circumstances, it might be adjusted to the burdens at present resting on the [Kirticular
burghs or county districts concerned. This is a matter of detail, although as a principle it is extremely
desirable that the rating should be uniform in an area where the interests and requirements are essentially
common. As the inaintenance of the public health is a primary national interest, and as Imperial funds
will be required to assist local funds both in ordinary health administration and in the provision of housing,
we consider that every effort should be made to smooth out the anomalies of local rating by making
the rating basis as broad as possible. In the Insurance County Council as constituted under the National
Insurance Act, 1911, this principle is followed. Under that Act the expenses for the county and all the
burghs under 20,000 are practically pooled and raised over the whole area as a unit. The same principle
has been followed under certain combinations of burgh and county districts. It might even be suggested
that, on the same general grounds, the public health rate might, to the extent of 50 per cent. , be regarded
as a purely national rate and so levied, and to the extent of the other 50 per cent, as a local rate. But,
as the question of local rates has been so recently under consideration, and as it hardly falls within our
remit, we prefer to make no positive recommendation as to rating.
(6) The Combination of existing Authorities.
2216. Probably the method we have sketched of establishing a unitary authority for a town and
landward area is the most complete way of securing certain administrative objectives. But we recognise
that it would involve a considerable recasting of boundaries. This means time. Any legislation required
would certainly be contentious. But the improvement of housing and other public health services is
too urgent to be thus postponed indefinitely.
2217. For these reasons we prefer to suggest, as the more expedient course, that the Local Govern-
ment Board, as Central Authority, should be endowed with full powers (as e.g. in the Education (Scotland)
Act and the English Public Health Act) to require combination of existing Local Authorities for all
the purposes of the Public Health Acts, the Housing Acts, the Dairies Act, and such other Acts related
to public health as may be considered necessary. At present the Local Government Board has power
to require combination of Local Authorities for the provision of hospitals. It has also power to require
combination for the execution of Orders under Part IV. of the Public Health (Scotland) Act, 1897, such
as the Plague, Cholera, and Yellow Fever Order, the Tuberculosis Notification Regulations, and the
Venereal Disease Regulations, and others. Where Local Authorities are prepared to combine for the
purposes of maternity and child welfare, the Local Government Board has power to make an Order
establishing the combination. In all these matters the Board determines the mode in which the
authorities are to operate, and the allocation of the expenses. It would, therefore, be no great exten-
sion of its powers to authorise the Central Authority to require combination for all the other purposes
of the Acts named. On the contrary, such a power of combination would be entirely in line with the
local government developments of the last thirty years.
2218. As a preliminary to the Orders constituting such combinations, the Local Govermnent Board
would have regard to the extent of area necessary for the efficient discharge of the duties to be under-
taken. In some localities probably a minimum of 50,000 inhabitants would be necessary. In others
the minimum would be less. The Board, in their inquiries, would have full power to obtain or to require
information on the whole public health necessities of the district (including housing). They would, as
under a, town-planning inquiry, give full opportunity to the Local Authorities to present their case for
and against combination. The kind of procedure contemplated is already suggested in the provisions
for water and drainage inquiries under the Public Health Act, and in the town-planning provisions of
the Housing Act, 1909.
2219. This proposal to increase the powers of enforcing combination appears to us to interfere to
as small an extent as possible with the present administrative organisation. The objects of a unit area
with a single authority would be practically obtained withoiit sacrifice either of the status or of the
interests of the burghs and county districts and county councils concerned. There would be no altera-
tion in the methods of election, or in the methods of assessment, or in the methods of raising loans. Under
such a combination the members of the Local Authorities would have at least as many duties to perform
as they have at present. The larger or combined district would requisition the present Rating Authorities
for its money requirements, and the present Rating Authorities would continue to exist for rating
as at present. Combination, as already explained, would only be made of whole existing public health
districts. But to simplify procedure it would be necessary, as we have suggested, to discontinue the
^Standing Joint Committee of the county. As a check on capital expenditure the Local Government
Board, as Central Authority, would be sufficient. In respect that the combined area might be both
burghal and rural it would be necessary to provide the requisite machinery for applying the statutory
powers suitable to the different parts of the area.
Central Authority.
2220. In making these recommendations we have assumed that, for the carrying out of their extended
public health work, the Local Authorities will receive generous assistance from Imperial funds. This
necessarily entails the placing of much greater responsibility on the Central Authority. To tlie extent
that grants are given or loans to Local Authorities arranged on special terms, the Central Authority,
on behalf of the Treasury, will require definite control over all capital outlays. This is absolutely essential
for the conservation of the finance of the country after the war. But such increased financial responsibility
entails increased technical control of the administration of housing. This, in turn, involves an extension
not merely of the powers of the present Local Government Board, but an increase in its membership.
In the chapter on town plaiming we suggest that the membership should be increased by at least two
members with special experience in the technique of housing and towTi planning. An increase of the
technical and clerical staff would also be necessary.
REPORT. 345
2221. Further, as the national financial interests involved will necessarily be very great, we con-
sider that the Local Government Board, as Central Authority for public health and housing, should be
formed into a substantive department of the same status as the Scotch Education Department. To
prevent unnecessary delay, it is essential that the Local Government Board, increased as suggestetl,
should be directly responsible to the Treasury through the minister in charge. These technical details
of Imperial administration we are not in a position to discuss fully. But, from the urgent representations
made to us, we recommend that the Central Authority should be strengthened and should be erected
into a principal department of the State.
Conclusion.
2222. If the Local and Central Authorities are strengthened and developed on the lines here suggested,
we are satisfied that they may be safely entrusted with the execution of the extensive housing programme
implied in the recommendations of this Report.
SUMMAEY OF RECOMMENDATIONS AND SUGGESTIONS IN CHAPTER XXXIII.
(1) That there should be kept in view as an ultimate desirable alteration of the present law and
system with respect to the administration of public health (including housing), the establishment of
areas with a population of not less than 50,000 inhabitants, with a single Local Authority for the adminis-
tration of the said services, fully endowed with all requisite powers. (Paragraphs 2211 to 2215.)
(2) That for the immediate needs of the situation, and as tending towards the larger conception
mentioned in recommendation above, the Central Authority should be empowered to require combination
of existing Local Authorities for all the piuposes of public health and housing. It would be necessary
in this connection to make suitable statutory provisions for the administration of such combined areas
in respect that they might include both burghal and rural districts. (Paragraph 2217.)
(3) That the Central Authority should have adequate control of capital expenditure. (Paragraph
2219.)
(4) That the Central Authority, in respect of the extent and contemplated enlargement of its responsi-
bility and interest (financial and administrative), should be established as a principal or substantive
department of the State. (Paragraph 2221.)
CHAPTER XXXIV.
BAD HOUSING ^S A FACTOR IN INDUSTRIAL UNREST.
2223. The chief root of industrial unrest is the desire of the workers to establish better conditions
of life for themselves and their families. Every phase of industrial evolution has had its own rallying
point, its own precipitation-point of opinion. In the present phase, the direct demand of the workers
is for such social conditions as will enable them, that is the great masses of the community, to live in
greater comfort, in cleaner surroundings, in better equipped houses. Naturally, therefore, as the demand
for social improvement becomes more self-conscious and informed, it tends to concentrate itself on the
most obvious concrete problem, namely, the overcrowding of the cities and the deficiencies of housing
everywhere. In this respect, bad housing may fairly be regarded as a legitimate cause of social unrest.
The increased mobilisation of communities, the increase of wages among certain classes of workers, the
increase of rents, the increase of the cost of living, two generations of public school education, the in-
creased intercourse of the poorer and wealthier classes, the spontaneous growth of co-operation both
for the production and for the supply of commodities — these and similar causes have induced the industrial
workers themselves to take up the solution of their social problems. Of this, no better illustration could
be offered than the documents submitted to us by the representatives of the Miners' Unions of the mining
counties. These documents, as stated in the chapter on Mining (XIV.), have been substantially confirmed
both by the other evidence led before us and by our direct inspections. Such documents are a sufficient
proof that, in this large and populous industry, defective housing has become a well-understood grievance.
2224. In those districts that have been specially identified with the prosecution of war work, there
has been a very considerable influx of workers. The housing accommodation is not only taxed to its
utmost, it is overtaxed and overcrowded. Many of the workers anxious to reside in the district in which
they are employed cannot find house accommodation. In .some instances they have to travel vei}'
considerable distances to and from their work. Their work, as has often been represented, suffers in
consequence.
2225. With good wages ruling generally in the industrial areas, there has been a tendency, we beheve,
for many families to seek better houses ; but practically no houses are available. Again, numerous
marriages have taken place, but the young couples have not been able to secure a house for themselves.
This, we understand, is a cause of considerable irritation and discontent.
2226. We are informed that the serious shortage of housing in Mid-Lanark (which is the centre
of the coal and of the iron and steel industries in the west of Scotland) was recently the subject of a
conference among the Local Authorities concerned (representing a population of 400,000), and it was
resolved at said conference that specific data and information should be collected by the various Authorities.
Broadly, the conditions found in the areas of the different Authorities were these : —
(1) A serious, and increasingly serious, shortage of suitable working-class houses.
(2) Overcrowding so intense and so widespread that the public health, and especially child life,
was being seriously endangered, and decency, convenience, and moderate comfort could not
be secured. ,
(3) The occupancy of in.sanitary dwellings to a very serious extent.
346 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
2227. Under such conditions, we understand, there occurred many cases of an exceptionally un-
desirable character, e.g. families divided up between different houses on account of the fact that houses
could not be obtained ; two and more families occupying the same dwelling ; families in lodgings with
their furniture stored ; ten and twelve persons living in a single-apartment house ; the occupancy of
xmsafe and unhealthy houses, because there were no other houses available, and the Local Authority
chose the lesser evil of condoning the occupancy of such premises rather than of depriving the tenants
of a shelter.
2228. It would seem to be hardly necessary to argue that such hving conditions are prone to cause
discontent and unrest. That they have done so and are doing so seems to be unquestionable. Public
meetings have been held throughout Mid-Lanark, and resolutions have been passed strongly condemning
the existing conditions and calling for a remedy. Deputations have waited upon the Local Authorities
and have called for immediate and drastic action. If, coupled with generally unsettled conditions and
strenuous days of working such as have been experienced in the districts in question during the past two
or three years, the living conditions afford no comfort, convenience, or relaxation, the strong feeling of
discontent and dissatisfaction said to exist throughout the area is not a matter for wonder. These
conditions must be t)^ical of what are being experienced in other industrial areas, and we consider that
they cannot be too soon dealt with and remedied. They will not disappear in many districts at the close
of the war, for existing works have been and are being extended, and new works have been and are
being established in order to cope with the permanent development of industry.
2229. We understand that the unsatisfactory housing conditions in some of the industrial districts
have been the subject of consideration by the Commission recently appointed for Scotland on Industrial
Unrest, and that they have discussed these in their Report as one of the causes of unrest and dis-
content among the working-classes.
2230. There are other and serious causes of industrial unrest. On these we offer no general opinions.
But, so far as housing is concerned, we cannot but record our satisfaction that, after generations of
apathy, the workers all over Scotland give abundant evidence of discontent with conditions that no
modem community should be expected to tolerate. Industrial unrest, whatever be its ultimate causes,
undoubtedly is stimulated, directly and indirectly, by defective housing. Apart from the general educa-
tion of the public, the medical officers of health, sanitary inspectors, members of public health authorities,
private individuals at conferences, congresses, and consultations of many varieties, have kept pressing
on the health authorities the urgency of improvement in housing as a conditioii of limiting the spread
of disease and of increasing the general health. No movement of modern times has taken hold of the
community more rapidly than the public health movement of the last twenty-five years. The general
dissatisfaction with defective housing and defective environment of houses is one of the many results.
Naturally, when economic conditions are rendered exceptionally unstable by a world-wide war, every
item in the programme of social improvement assumes greater prominence. Before the war, the demand
for better housing had become articulate ; to-day, after three years of war, it is too insistent to be safely
disregarded any longer. Our evidence shows that this demand, growing daily more imperative, has
its complete justification in the sifted masses of facts that form the groundwork of this Report.
CHAPTER XXXV.
LEADING ISSUES OF REPORT.
223L Let us now bring together the leading issues of our Report.
Results of Oub Survey.
2232. The modest inquiry initiated by the Scottish Miners' Federation in 1909 has resulted in the
national survey of Scottish housing here presented. These are the broad results of our survey : unsatis-
factory sites of houses and villages, insufficient supplies of water, unsatisfactory provision for drainage,
grossly inadequate provision for the removal of refuse, widespread absence of decent sanitary con-
veniences, the persistence of the unspeakably filthy privy-midden in many of the mining areas, badly
constructed, incurably damp labourers' cottages on farms, whole townships unfit for human occupation
in the crofting counties and islands, primitive and casual provision for many of the seasonal workers,
gross overcrowding and huddling of the sexes together in the congested industrial villages and towns,
occupation of one-room houses by large families, groups of lightless and unventilated houses in the older
burghs, clotted masses of slums in the great cities. To these, add the special problems symbolised by
the farmed-out houses, the model lodging-houses, congested back-lands, and ancient closes. To these,
again, add the cottages a hundred years old in some of the rural villages, ramshackle brick survivals of
the mining outbursts of seventy years ago in the mining fields, monotonous miners' rows flung down
without a vestige of town-plan or any effort to secure modern conditions of sanitation, ill-planned
houses that must become slums in a few years', old houses converted without necessary sanitary
appliances and proper adaptation into tenements for many families, thus intensifying existing evils,
streets of new tenements in the towns developed with the minimum of regard for amenity.
Overcrowding.
2233. The last census showed that thousands of one-room houses continued to be occupied by
families ; that overcrowding reckoned even by the most moderate standard is practically universal in
the one- and two-room houses ; that, in spite of protest and administrative superintendence, domestic
overcrowding of houses and overbuilding of areas have not been prevented. To our amazement, we
REPORT. 347
found that, even if we take overcrowding to mean more than three persons per room, we should, to secure
even this moderate standard for Scotland, have to displace some 284,000 of the population. But this
is not all. We conclude that, at least, 50 pei' cent, of the one-room houses and 15 per cent, of the two-
room houses ought to be replaced by new houses. In brief, merely to relieve existing overcrowding,
and replace houses that should be demolished, some 121,000 houses are required, and, if an improved
standard is adopted, as we recommend, the total number of new houses required would approach 236,000.
For such gigantic figures our Report submits full justification. On this point the Commission is
unanimous.
Reason for Excessive Housing Insvfficiency and Low Housing Standard.
2234. If it be asked how this enormous accumulation has occurred, one answer is : that the conditions
of Scottish housing have never been adequately investigated. The Scottish inquiry by the Dilke Com-
mission of 1885 was too limited in its scope. It is only now that the nation has had the means of
discovering how far Scotland has been left behind, and by what poor standards the housing of her working
classes has been measured. Our Report, and the evidence it rests upon, will carry conviction to every
disinterested person.
Obstacles to Housing Reform.
2235. These, then, are the conditions that cry aloud for redress. But the path of reform is blocked
by many obstacles : the failure of commercial enterprise to keep pace with housing needs, the failure
of the Local Authorities, both of town and county, to appreciate the full value of their powers, the
rapacity of property owners in their claims for compensation, the persistence of antiquated methods of
arbitration, the absence of any definite basis for the assessment of compensation, the impotence of the
arbiters to check speculative claims, the consequent enormous and deterrent expense of improvement
schemes and reconstruction schemes, the impotence of the Local Authorities to control the prices of
building sites within the city or of potential biiilding land in the immediate neighbourhood, the absence
of a direct obligation on any authority to see that adequate housing is provided for the whole community,
the inadequate size, area, and resources of many Local Authorities, the absence of powers to require
combination of authorities, the consequent impossibility of effective enforcement of statutes by the Central
Authority, the insufficiency of the Central Authority's equipment, the unsatisfactory status of the Central
Authority itself — these and their many derivative difficulties of procedure stand in the way of reform.
Both commercial enterprise and municipal enterprise have failed to keep pace with the steadily rising
demand for more and better house-room.
Cost and Acquisition of Land.
2236. To the various problems here named we have given earnest consideration. Above all, we
adduce very definite views on the relation of land to housing. The question of the land is fundamental.
If nothing is done to make it possible either for individuals or for public authorities tt) obtain building
land at more reasonable prices than hitherto, housing reform will be paralysed at the outset. If the
methods of compulsory acquisition of lands, including land and other property, are not simplified, the
exorbitant claims that have already stopped building schemes in the cities will continue to be raised.
These two reforms are of primary urgency ; our specific proposals we submit with every confidence.
Obligation' on Local Authorities for Adequate Housing,
2237. But there is an administrative point that is equally fundamental. From the national survey
we have conducted, we are satisfied that, in the present unique disorganisation of afiairs, the State
alone, acting through the Local Authorities, can meet the present discontent. For the time being,
commercial enterprise has failed to keep pace with the demand. The causes of the faihire we have fully
expoimded. Doubtless, the climax came with the war ; the failure, however, had become manifest
long before the war. But whatever its causes, the disorganisation flowing from the war makes an
immediate revival of uncontrolled commercial enterprise on an adequate scale impossible. There is, in
our view, only one alternative : the State itself, through the Local Authorities, is alone in a position to
assume responsibility. Here, then, is our primary point in procedure. Hitherto the Local Authorities,
though their powers for the provision of houses are extensive, have, for various reasons, been restrained
or have refrained from using them to any appreciable extent. We are satisfied that, if those powers
are to be exercised on the scale necessary to realise the programme we have set forth, the Local
Authorities must be placed under an unmistakable obligation to maintain a continuous and systematic
survey of their housing accommodation, to ascertain how far private enterprise can meet the demands,
but, failing provision of houses by other agencies, to undertake themselves — with financial assistance
from the State — the necessary building schemes. Without such a definite obligation, exercised under
direction of the Central Authority, we are satisfied that, by no administrative machinery known to us,
can the necessary houses be provided. For the double purpose of avoiding delay and assisting
demobilisation after the war, the consideration of building schemes should proceed at once. This matter
brooks no delay. For these sti'ong conclusions we have given our detailed reasons in the body of the
Report.
Central Authority.
Its Relation to Local Administrative Authorities.
2238. But if this obligation is to be made effective, the Local Government Board, as Central Authority,
should be strenghtened by an increase of its direct executive powers, and an increase in its membership
and staff. The nature of the extended powers is fully explained in the Report ; but one power we
regard as of primary importance, namely, the power to require the combination of existing authorities
for all purposes of public health and housing. This proposal we make because it involves the least
disturbance of existing authorities and because the urgency of housing should not be sacrificed to the
348 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
prolonged discussion of elaborate reforms. On the other hand, we consider that the time has now come
for a readjustnieiit of public health and housing areas, and for a radical reconsideration of the relations
between tlie various authorities in town and county. We are aware that proposals fui' a Ministry of
Heiiltli are under consideration ; but the proposals we now make are in no way inconsistent with larger
pro]K)sals for the consolidation of health services, both local and central.
Central Aulhmity to he a Principal Department of State.
2239. In any such reforms, it is assumed, the Scottish Ministry of Health will be independent of an
English Minstry of Health. But whatever form the new changes take, it is essential that the Central
Authoiity for housing and public health should be elevated into a principal department of the State.
At present the Secretary for Scotland represents the Local Government Board in Parliament not as
President of that Board, but as Head of the Scottish Office. This indirect responsibility to Parliament
is not, in our opinion, compatible with the extended powers and increased responsibilities of the Board.
The Local Government Board for Scotland should have at least the same Parliamentary status as
the Scotch Education Department.
One-Room House.
2240. On one problem discussed in the Report, we desire to focus public attention, viz. the one-
room house. That the one-room house is incompatible with decent or wholesome family life we have,
we think, shown conclusively in our Report. The policy adopted for dealing with the the one-room
house will determine, in large measure, the general housing policy of the country. That is why we
have devoted to it a special chapter. In our opinion, the time has now come when the Scottish
nation should rid itself of the reproach of the one-room house. It is now time to say that, subject to
the qualifications specified in our Report, the one-room house must go.
Opposition to State Subsidies to Speculative Bxhlders and Others.
224L In our main specific suggestions for new pohcy we have, to our regret, not carried with us
our colleagues of the Minority. But we have given every consideration to their arguments; we have
answered many of them directly or by anticipation, and, in the remainder, we have failed to find either
any ground for a practical compromise or any reasons for altering the lines of policy we have laid down.
If the present crisis is to be met in the way that Scotland, by her many sacrifices of life and treasure,
has the right to expect, it cannot be met either by a reversion to the building conditions of pre-war days
or by direct siibsidies to employers of labour, landowners, and the speculative builders of to-day.
Responsibility of the State.
2242. For immediate and practical purposes we have suggested that for a period of fourteen years,
with an opportunity for revision at the end of seven years, the State, in assuming full responsibility
for housing, should operate through the Local Authorities and should place upon them the responsibility
of seeing to the provision of building. In our view the mere offer of financial assistance — ^to be taken or
left — may stimulate some Local Authorities to a greater exercise of their present powers, but will not
meet the situation, the urgency and gravity of which it would be difficult to exaggerate. To bear its
full fniit, State assistance requires the imposition of definite obligations and the provision of simple and
effective organisation. In this latter connection we cannot but look with strong disfavour on the
proposals of the Minority to create three new departments : —
*(1) An ad hoc Board for the Outer Hebrides and Skye to supersede the Central and Local
Authorities.
(2) A Special Financial Board to administer loans and grants, which, in our view, would be more
appropriately done by the Central Authority with their direct knowledge of housing
requirements, and by the Public Works Loan Board, who are at present entnisted with the
administration of loans, and by the Treasury, whose approval would be necessary to the
distributions of grants.
(3) A Special Tjand Court to assess the price of land taken for housing — ^with no definite basis of
compensation laid down to guide them or limit their awards.
Such Departments would, in our opinion, be expensive and useless additions to administrative machinery.
Conclusion.
2243. Our national survey has revealed the set determination of the Scottish people to secure, for
every class of the community, wholesome conditions of living. Their watchword is no longer limited
to a healthy mind in a healthy body ; rather it now is — ^a healthy family in a healthy home. In this
ambition they have our encouragement and support. From beginning to end our proposals are animated
by the desire to see the housing of the Scottish people made more worthy of Scotland's great history
as a nation.
It is with great pleasure that we record our appreciation of the work done by Mr P. Gardiner
Gillespie, S.S.C, Edinburgh, Secretary of the Commission, by Mr Alexander M'Kinna, Assistant
Secretary, and by the members of the clerical staff.
On all points affecting the Commission's inquiry, Mr Gillespie has uniformly put at the dis-
• The " Minority " policy for the Outer Hebrides and Skye is not subscribed to by Mr Carlow. See his
Reservation at page 460.
REPORT.
349
posal of the Commission and its individual members his wide practical experience of affairs, his intimate
knowledge of law and procedure, and his powers of successful organisation. In the deliberations on the
Report, which necessarily involved many subjects of complication and delicacy, his familiarity with the
fundamental factors in the housing problem, his initiative in making suggestions, and his judgment in the
discussion of practical policies, have been of the greatest value. Mr Gillespie has given unstintedly of
his time and his high intellectual attainments in the classification of the evidence and in the preparation
of the Report — a work, as is apparent, of great magnitude.
To the heavy work falling on him as Assistant Secretary, Mr M'Kiniui brought his long and
varied experience on the staff of the Local Government Board and his peculiar intimacy with administra-
tive law. To Mr M'Kinna's originality of suggestion and capacity for persistent and rapid work, our
Keport owes many of its most useful features.
The other members of the staff have devoted themselves to theii' special work with an assiduity that
deserves every recognition.
All which we humbly submit for your Majesty's gracious consideration.
P. GARDINER GILLESPIE, Secretary.
ALEX. M'KINNA, Assistant Secretary.
(Signed) H. EALLANTYNE.
JAMES BARR.
JOSEPH F. DUNCAN.
DAVID GILMOUR.
J. MILNE HENDERSON.
J. MIDDLETON.
W. LESLIE MACKENZIE.
WILLIAM YOUNGER.
Wth September 1917.
MINORITY REPORT
BY
SIMON JOSEPH FRASER, BARON LOVAT,
K.T., G.B., K.G.V.O., C.D.S.O.
GEORGE FREELAND BARBOUR
GHARLES GARLOW
MRS GEORGE KERR
351
TABLE OF CONTENTS.
INTRODUCTORY STATEMENT.
Reasons for separate Report
Policy advocated . . . .
Relation of the Minority to the Majority Report
Arrangements of topics in the Minority Report
I'AQK
355
355
356
356
CHAPTER I.
Causes of the Cessation of House Building and theik possible Removal.
Introductory ..........
Fluctuations of house-building in the large cities .....
Causes of the cessation of building .......
(1) Rise in the rate of interest . . .
(2) Advance in the cost of building (wages, materials, carriage, etc.)
Possible sources of economy ......
(3) Advance in the cost of upkeep and maintenance — Question of destructive tcuauta
(4) Difficulty of securing adequate rents ......
(5) Increase in the burden of rates . . ' . . . .
Local and Imperial expenditure ......
(6) New taxation, and apprehension of further burdens in the future
(7) Uncertainty regarding the building policy of Local Authorities
(8) Demand for higher standard of accommodation
Summary. — Future of private enterprise ......
Recommendations .........
356
357
358
358
359
.361
362
363
363
365
365
367
367
367
368
CHAPTER II.
Land Values and the Acquisition and Control of Building Land.
{A) Feu-duties and land values. — General considerations
Feu-duties in the Scots bujghs . . - .
Agricultural and feuing value .....
Net return on land feued .....
Additional burdens — Ground annuals .
Attempted restriction of ground values by granting cheap feus
Proportion of ground rent and feu-duty to total rental
High site values as a hindrance to building
Tenement building and site values ....
Limitation of building density and its effects .
The future problems implied in excessive ground rents
{B) Acquisition and control of building land ....
(1) Extent of existing powers .....
(2) Two types of " land " to be acquired
(3) Two possible lines of advance ....
Reduction of the price of building land by indirect methods : —
(1) Limitation of building density ....
(2) Transit .......
(3) Purchase of land by Local Authorities in advance of immediate requirements
Taxation of site values .....
Direct method of reducing land values
Suggestions for a summary determination of site values .
Instructions under which a Land Tribunal should work .
(1) Determination of land value
(2) At whose instance the Tribunal should act
(3) Use of land compulsorily acquired
Recommendations ......
CHAPTER III.
*
Transit and Town Planning,
(A) Transit :—
Movement of population due to improved transit
Factors hindering the decentralisation of population
Class of population affected
Methods of transit ....
• Recommendations ....
(B) Town planning : —
Possible simplification of procedure
Case for emergency legislation .
Recommendations .....
369
370
371
371
372
372
373
374
374
374
375
375
375
376
376
377
377
378
380
380
381
382
382
382
383
383
383
384
384
385
385
385
386
386
352
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
sill": to one class of tenant
CH AFTER IV.
FuNoxioN OF Local Authorities in Housing.
(A) The housing record of Local Authorities : —
Introductory ....
Municipal housing in Scotland
(i.) Kind of house provided
(ii.) Class of tenant housed
(iii.) Finance of municipal schemes
The Liverpool municipal houses
(1) The class of tenants housed
(2) Difficulty of restricting municipal hou
(3) Subsidised rents
(B) Objections to unlimited municipal housing : —
(1) Housing by municipal authorities acts as a deterrent to other builders
(2) Difficulties of supervision ....
(3) The voting power of the municipal tenant
(4) Licrease of indebtedness of Local Authorities
(C) Share of Local Authorities in providing dwellings :^
Assistance in the preliminary stages of housing schemes
Co-operation of municipal and private enterprise
Provision of houses for special classes : —
(1) Common lodging-houses
(2) Probationary housing .
(3) Special provision for invalid householders
(4) Housing of public servants
Advantages of a definite and restricted housing policy on the part of Local
(D) The housing of the dispossessed
(£) The problem of the worker earning a low wage
(1) Increase of wages .
(2) The subsidised house
(3) Subsidy to the householder
Recommendations ....
Authorities
■ 387
387
388
389
389
390
391
391
391
392
392
393
393
395
395
396
396
397
397
398
399
399
400
401
401
401
CHAPTER V.
House Management and the One-Room House.
Management:— .....
(1) By the landlord directly
(2) By the landlord indirectly : —
(a) System introduced by Miss Octavia Hill
(b) Scheme suggested by Mr Horsburgh Campbell
(c) Caretakers ....
(3) Management by the Public Authority .
(4) Management by the tenants themselves
Discussion of the various forms of management suggested
Intemperance and housing difficulties
House management and occupancy
The one-room house
Demand for the one-room house
Reservation regarding overcrowding
Recommendations
402
402
402
403
403
403
403
404
405
406
406
407
408
408
CHAPTER VI.
Constructive Housing Policy after the War.
(.4) General principles of policy : —
(1) Importance of variety of method and local initiative
(2) Importance of education in housing
(3) Encouragement of private and co-operative effort
(4) Restoration of confidence ......
(B) Forms of house tenure to be encouraged : —
(1) Occupying ownership ......
(o) In fishing villages .....
(b) Building societies . . . . • .
(i.) Class of worker to wjiom building society method is
(ii.) Period of repayment ....
(iii.) Difficulty or otherwise in disposing of houses
(iv.) Building societies and life insurance .
(c) Co-operative associations ....
{d) Copartnership societies .....
(e) Acquisition under the Small Dwellings Acquisition Act, 1899
(2) Other instances of occupying ownership ....
Assistance to the impoverished owner-occupier
(3) Provision of houses by the employer ....
(4) Conclusions regarding various forms of tenure
409
, ,
. 409
.
. 409
•
409
410
.
. 410
^
410
applicable
410
^ ,
411
.
411
.
412
^
412
.
412
.
413
.
414
.
415
.
416
^ ^
417
TABLE OF CONTENTS.
353
(C) Constructive housing policy after the war : —
(1) Assistance during the period of Reconstruction
(a) Importance of defining the emergency period
(6) Administrative body required
(2) Form and extent of Government subvention
(a) National contribution to post-war housing
(b) Limited grants for abnormal building costs
(c) General conditions of grants and loans .
(d) For whom should cheap loans be made available
(D) Responsibility for improved housing
Summary of grants suggested .
(E) Relation of Local and Central Authorities .
Recommendations ......
PAQB
417
417
418
419
420
421
421
421
422
422
422
423
CHAPTER VII.
Housing of Farm-Skrvants and Rural- Workers.
Division of the subject . . .
Housing of farm-servants ....
{A) System of tenure of farm cottages and question of repairs
Suggestions to meet above difficulties
Sanitary inspection ....
(B) Improvement of existing houses : —
Provision of additional conveniences .
Gardens .....
Bothies .....
(C) Provision of new farm cottages : —
(1) New houses to replace those unfit for habitation — Question of the
Provision of houses by the Local Authority .
(2) Married men's houses to replace bothies .
(3) New houses to meet the needs of rural development
Place of a central society for rural housing
Conclusion . . . . . . .
Recommendations ......
■
424
■
424
.
424
425
426
.
427
.
427
•
427
le " tied house "
428
429
430
431
431
431
432
CHAPTER VIII.
Housing on the Smaller Farms and Small Holdings.
Introductory ........
(A) Expenditure by estates on the equipment of holdings
{B) Effect of Land Acts on housing .....
(1) Position of smallholders and policy of the Board of Agriculture
Need for adequate financial provision .
(2) Policy regarding statutory small tenants .
(C) Encouragement of expenditure by landowners on other holdings .
Recommendations .......
432
432
435
435
436
436
437
438
CHAPTER IX.
Housing Policy in the Outer Hebrides and Skye.
Introductory . . . . .
(A) General view of housing conditions . . . ' .
Factors in the improvement of housing ....
Responsibility for slowness of improvement ....
Need for a completely new policy .....
Cottar and squatter question ......
Cottars and squatters — The main obstacle in the way of housing reform
(B) Recommendations for a new housing policy ....
(1) Case for local Board with special responsibility for housing
(2) Outer islands grant .......
(3) Need for a clearly defined period of effort
First phase — -Flying survey . . . . . ■
Second phase — Detailed survey ....
Third phase — Selection of townships and submission of schemes
Fourth phase — Administration of loans
Settlement of cottars and squatters .....
Importance of dealing with the township as a unit
Reasons for short-term loans ......
Relation of the proposed Board to Local Authorities .
Co-operation with the Estates . . . . . < ' .
Conclusion . . . . . .
Recommendations ....,,..
439
439
439
440
440
441
441
'441
441
443
443
443
444
444
444
444
445
445
445
446
446
■147
23
354
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
CHAPTER X.
Various Dissents and Recommendations.
(B)
iC)
(D)
, Chapter XVII.) :
(A) Reservation on Mining (Majority Report, Chapter XIV.) :-
Dissent from recommendation 7
Dissent from recommendation 12
Reservations on Seasonal Trades (Majority Report,
Potato-diggers, additional recommendation
Berry-pickers, additional recommendation
House Letting (Scotland) Act, 1911 : —
Difficulties in connection with the Act
Appeals under the Act .
Suggested amendments of the Act
Limitation of building loans (Majority Report, Chapter XXVIII.)
(E) Housing Policy (Majority Report, Chapter XXIX.) : —
Criticism .......
(F) Administrative reforms (Majority Report, Chapters XXX. and XXXI.)
(1) Standard of accommodation ....
(2) Powers of Central Authority ....
(3) Control of tenement property
Question of housing appeals (Majority Report, Chapter XXXII.) .
Water-supply and sanitation in landward districts (Ibid.) .
(1) Length of notice required .....
(2) Introduction of sanitary appliances
Miscellaneous recommendations : —
(1) Introduction of baths . . . . .
(2) Application of byelaws to alterations . . .
(3) Byelaws regarding maintenance ....
(4) Control of sites of demolished houses
Revision of administrative areas (Majority Report, Chapter XXXIII.)
Recommendations .......
Note on the suggested abolition of Standing Joint Committees in Counties
Conclusion ........
(G)
(H)
W)
(K)
FAOB
447
448
448
448
448
449
450
451
451
452
452
453
453
454
455
455
456
456
456
456
456
457
458
459
355
MINORITY REPORT.
INTRODUCTORY STATEMENT.
REASONS FOE SEPAEATE EEPORT.
1. While we accept a great part of the Eeport submitted by the Majority of the Commission, espec-
ially those\ portions which describe the existing state of Scottish housing, and while we agree with a
large number of their suggestions, we find ourselves unable, after the most careful consideration, to assent
to certain of the chief recommendations which they make for the provision of new and improved dwellings
for the working classes. Thus, in spite of the wide areas in regard to which we are in general agreement,
we find it necessary to submit a separate Eeport, as the points on which we dissent from the findings of
the Majority appear to us to be of fundamental importance. We have endeavoured to set forth in the
following Report a policy which we believe will meet the housing needs of the country, as to the magni-
tude of which we are in fuU agreement with the Majority. Our differences turn on the methods and
the forms of enterprise by which these needs can best be supplied. We have sought to avoid the repe-
tition of facts and arguments already advanced by our colleagues ; but, as is explained in Paragraph 15
of the Majority Report, we have been handicapped by the suspension of the Commission's sittings during
the greater part of the year 1916, and by the consequent extreme pressure during the last months of
our work ; and this has rendered inevitable some measure of duplication between the two Reports.
Policy Advocated.
2. We feel it necessary, in the first place, to state certain broad principles which, in our judgment,
should govern the housing policy of the country during the reconstruction period, and which the
Majority either fail to emphasise or definitely reject. Our main reason for dissent is that we consider
the need for the rapid supply of enlarged and improved houses to be so great that no one form of enter-
prise is adequate to meet it ; and in our judgment the general result of the Majority Report is to throw
too large a share of the responsibility for the rehousing of Scotland on to the Local Authorities. These
bodies have many complex and arduous functions to discharge at the present time, while the great
majority lack experience in this direction, and those whicb have entered the field have not always been
successful in carrying out housing schemes economically and efiiciently. As Local Authorities are at
present constituted, and in view of their other duties, they do not seem to us qualified to carry out the truly
gigantic task of providing dwellings for the greater part of the working-class population of Scotland ;
while there would be grave dangers — not least that of delay in the provision of houses — if bodies which
have hitherto provided less than 1 per cent, of the necessary dwellings were at once made responsible
for providing perhaps 80 or 90 per cent, of the new working-class houses required.
3. We give full arguments in support of this view in Chapter IV., where we also point out how large
a part ought to be played, and can only be played, by Local Authorities in promoting the erection of
improved houses. We thus argue that their activities should be concentrated on certain special tasks,
and that everything should be done to foster other approved forms of enterprise, especially those of a
co-operative or copartnery character and those which aim at the extension of occupying ownership.
Ifc is true that our colleagues of the Majority express a certain somewhat guarded sympathy with these ;
but we do not consider that their recommendations go far enough to be effective, while their obvious
desire to place the largest possible share of the responsibility for the provision of houses on the shoulders
of Local Authorities would, we feel sure, act as an actual obstacle in the way of the revival of private
and co-operative enterprise in house building.
4. We are also impressed with the danger inseparable from the tendency to excessive centralisation
which runs through the recommendations of our colle9.gues. The functions of the Local Government
Board as Central Authority for housing in Scotland are already of great magnitude and importance,
and they must inevitably be further enlarged in the near futm'C, especially in the sphere of town planning.
We cannot agree that the Local Government Board should be invoked to settle every disputed question
and solve every difficulty. In particular, we wish to preserve the degree of administrative independence
at present possessed by Local Authorities, and to enhance, rather than diminish, their sense of responsi-
bility ; while we are also impressed with the necessity of limiting the amount of judicial or quasi-judicial
work which falls to the sphere of an administrative department such as the Local Government Board.
5. A further principle which has governed our recommendations is that a definite distinction should
be drawn between the normal housing policy of the country and those special measures which are justifi-
able and necessary in a period of emergency and temporary disorganisation, such as must follow the
conclusion of peace. The reconstruction period will be marked by an abnormal need of new dwelhngs
to make up for past neglect, and to make good many years' arrears in the supply of small houses. It
will also be a period during which the after-effects of the war, and the claims of reconstruction in northern
France, Belgium, and other devastated countries, are certain to keep the rate of interest high and the
costs of building heavy. There will also be the question of providing suitable employment for the dis-
charged soldier to consider. On these and other grounds (more fully stated in Chapter VI. below) we hold
366
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
strongly (a) that the housing problem in the near future should be treated as in vital relation to the
general task of reconstruction ; and (b) that the special assistance, financial and other, to be given by
the State during the reconstruction period should be administered in such a way as to mark its emergency
character and lead towards the re-establishment of more normal conditions in the supply of small
dwellings.
6. We may summarise the objects which we keep before us throughout this Report as (1) the promo-
tion of competent enterprise of every kind for the provision of small. dwellings ; and (2) the apportion-
ment of responsibility for this provision and for the general administration of the Housing Acts in such
a way as to elicit at once the greatest variety of efEort, the supply of capital from the largest number
of soiurces, and the widest interest in the task of rehousing Scotland.
Relation of Minority to Majority Report.
7. We find ourselves in general agreement with the introductory portions of the Majority Report and
with their description of housing in the Scottish burghs (Chapters I. to III., V. to IX.), and also with
Chapter XIII. on Farmed-out Houses, etc., and Chapter XVI. on Fishing Communities. Our agi-eement
with the recommendations in Chapter IV. is qualified by the fact that in Chapter VI. below we suggest
the constitution of a special financial authority which will largely take the place of the Public Works
Loans Board during the reconstruction period. Certain reservations regarding Chapters X. to XII. of
the Majority Report (on Occupancy, One-roomed Houses, and Overcrowding) will be found at the end of
Chapter V. below. Our general agreement with Chapter XIV. (Mining) and Chapter XVII. (Seasonal
Trades) is qualified by reservations stated in the opening paragraphs of Chapter X. of our Report. For
the rest our differences are more pronounced, and the portions of our Report which correspond with the
Majority Report may be shown as follows : —
Subject.
Rural housing . . . .
Crofting
Land poUcy
Building and pubhc utility societies
Administrative changes .
General policy
Majority Report
Chapters.
XV.
XVIII.
XIX. to XXIV. inclusive.
XXV., XXVI.
XXX. to XXXIII. inclusive.
XXIX.
Minority Report
Chapters.
VII., VIII.
VIII., IX.
II.
VI. (Paragraphs 299 to
315).
X.
VI. and X. (Pars. 486 if.).
Arrangement of Topics in the Minority Report.
8. As a foundation for our whole argument, we analyse in Chapters I. and II. the causes which have
brought the provision of small houses in Scotland to a standstill, and had largely done so even before the
war. In so doing we make various recommendations, overlooked or not sufficiently emphasised by our
colleagues, for the removal of existing hindrances to building. We discuss fully the important and
highly controversial difficulty involved in the high cost of building land, and indicate a policy, indirect
as well as direct, for its removal. In Chapter III. we make independent recommendations on transit
and town planning. We devote Chapter IV. to a discussion of the whole question of the share of Local
Authorities in meeting the housing needs of the working classes, and show what we consider to be their
essential part in this work. In Chapter V. we make certain suggestions for the regulation of one-room
houses and for the improved management of dwellings occupied by the less careful and responsible tjrpe
of tenant. Chapter VI. contains a fuller expression of the principles stated in outline above, and
outlines a housing policy for the period following the war. Chapters VII. to IX. apply this policy to
the special circumstances of rural and crofting communities ; and Chapter X. contains various minor
recommendations and notes of dissent on other branches of the subject, chiefly of an administrative
character, including the important question of appeals on housing matters and the simplification of the
House Letting Act.
CHAPTER I.
CAUSES OF CESSATION OF HOUSE-BUILDING AND THEIR
POSSIBLE REMOVAL.
Introductory.
9. Throughout the Commission's inquiry no fact was more general and striking than the co-
incidence of a considerable, and very frequently an acute, lack of workmen's houses at moderate rents
with the entire stoppage of the supply of such houses. This double condition, involving the failure
of the building trade as hitherto organised to meet an m'gent public need, was reported from many
districts, as has been sufficiently shown in the Majority Report. Further, it is a condition which shows
a singular disturbance of the normal economic relation of supply to demand. It is true that there have
at all times been variations in the activity of the house-building trade, a period of overbuilding being
REPORT.
357
frequently followed by one of reduced production which lasted until the margin of new houses had been
fully occupied. In previous cases when this point was reached the supply was again stimulated. But
the recent depression in the building trade has been both more prolonged and more serious. It doubt-
less began in the reaction which followed naturally on the last building boom of the years 1900-1902.
In certain of the cities a large number of houses remained unlet for several years ; but their gradual
occupation did not lead to a renewal of building operations ; and there is abundant evidence to show
that the building of working-class houses stopped about the year 1910, in districts where shortage
was acute not less than in those where there was a reasonable margin of unoccupied houses. Thus an
inquiry into the causes of this stoppage, and the extent to which they are removable, appears to us an
essential prelimiiaary to any satisfactory treatment of the future of housing enterprise in the provision
of working-class dwellings.
Fluctuations of House-Building in the Laeqe Cities.
10. In the last Census Report the following figures are given regarding houses under construc-
tion in the four large cities at the time of the three last Censuses (the figures represent the number of
houses imder construction in each hundred occupied houses) : —
Houses under Gonstniction.
1891.
1901.
1911.
Edinburgh
1-2
0-9
0-3
Glasgow
0-7
1-0
0-3
Dundee
0-9
0-8
0-2
Aberdeen
0-2
0-7
0-2
Thus there was a marked decrease in construction of houses in the cities. In 1901, houses building
numbered 2624 ; in 1911 they numbered 877, a fall of 66-16 per cent.
11. The decline in the number of houses under construction is reflected also in the number of men
employed in the building trades. In 1901 the total number returned as belonging to the building trades
was 38,997 ; in the 1911 Census it was found to be 25,537, showing a drop of 34-5 per cent.
In Aberdeen men following these trades have been decreased by
In Edinburgh „ „
In Dundee „ „
In Glasgow „ „
(Census Report, vol. i., part 4, p. 8a.)
47-4 per cent.
39-1 „
314 „
29-8 „
12. In Edinburgh during the years 1909-1912 there was a steady fall in the erection of new houses
at rentals from £10 to £20 — 177 being provided in 1909, and only 42 in 1912. The figures for houses
rented from £20 to £40 were 181 in 1909 and 40 in 1912 ; while in 1913 no new houses of either class
were provided, and only 6 of £40 to £60 as compared with 46 in 1909. The City Engineer adds that
the total number provided shows a large reduction compared with the previous period of five years,
during which fully 2000 houses appear to have been provided by private enterprise. . . .
It may, in fact, be stated that any provision has in recent years been more the result of " making-
down " of the larger flat by subdivision into a series of smaller houses rather than the erection
of new houses, designed with particular reference to the requirements of to-day. (Horsburgh
Campbell, 18,745 (6) f.)
13. Figures covering a longer period were submitted by Mr Wilham Eraser to show the m'ove-
ments of the building trade in Glasgow during the past forty years. They are " based on the linings "
issued by the Dean of Guild Court for new property, and they will be foimd in full in Appendix CXXXII.,
Table IV. Certain salient features may be mentioned here. In 1872-1873 the number of houses built
was 4463, with an estimated average of 1-95 rooms per house, and a value per apartment of £68. The
largest number of houses under construction in any one year during the whole period was 5746 in 1875-
1876, with 2-40 as the average number of rooms and £81 as the average cost per room. The number
fell sharply in 1878-1879, even although this year the city boundaries were extended (see Table IV.,
Eraser, Appendix CXXXII.), when only 501 houses were constructed (average cost per room £65) ; and
the low-water mark was reached in 1882-1883 with 391 houses averaging 2-59 rooms at a cost of £84
per apartment. For the next fifteen years there was a gradual but fairly steady rise to a second high-
water mark in 1897-1898, when 5618 houses with 2-34 rooms per house were provided at a cost of
£90 per apartment. In 1901-1902, 5349 houses were provided, after which the number fell sharply
to 1442 in 1906-1907, and 200 in 1911-1912.
14. The figures for the last twelve years of the period are as follows : —
358
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Year.
Number of
Houses.
Estimated
Number of
Rooms.
Value of House and Shop
Linings.
Total.
Per Apartment.
1901-2
1902-3
1903-4
1904-5
1905-6
1906-7
1907-8
1908-9
1909-10
1910-11
1911-12
1912-13
5349
4837
2894
2085
2863
1442
1028
1167
1293
284
200
461
14,407
12,599
7,044
5,454
6,641
3,782
2,648
3,191
3,621
641
501
1,609
1,458,710
1,405,589
621,400
566,241
635,352
374,680
264,201
335,970
324,835
60,437
51,139
164,205
£ s. d.
96 0 0
110 0 0
85 0 0
98 0 0
91 0 0
96 0 0
96 0 0
102 0 0
85 0 0
86 0 0
91 0 0
99 0 0
15. Materials were also supplied by the same witness to show how far the fluctuations just noted
were caused by previous variations (o) in the number of vacant houses, and (6) in the state of the
property market as reflected in the average years' purchase of rental on which selling-prices was based.
These will be foimd in full in Tables II., Ill, IV. of Appendix CXXXIL, but we may note that the
number of years' purchase varied from 17 in 1896 to 9-5 in 1912. (Cf. Fraser, 38,092.)
16. A study of the figures from which the above are summarised appears to show that all three
factors vary together — the average years' purchase of rental fluctuating along with, though not in exact
proportion to, the activity of the building trade, while the number of unlet houses tends to vary in-
versely. It is interesting to notice that the lowest proportion of vacant houses, and consequently
the most active demand for houses, appear to accompany rather than to precede the periods of greatest
activity in the building trade. (Cf. the analysis of the same variations given in the Report of the Depart-
mental Committee on the alleged recent increases in rents, Cd. 8111, 1915. p. 3.)
17. There were many statements throughout the evidence to the effect that houses had for some
time ceased to be provided by ordinary private enterprise. The date at which such provision ceased
varied in different districts ; but in one case which may be taken as representative, 1908 to 1910 was given
as the date of cessation. (J. P. Mackenzie, 34,292 (3-^) ; cf. 34,352.) In the months before the outbreak
of war a certain number of houses were still, however, being provided. A few Local Authorities had
building schemes in progress or in contemplation ; three or four building and puWic utility societies, chiefly
in the Clyde area, were erecting cottages ; and various employers of labour, especially coalmasters, were
providing houses for their workers, as were some of the wealthier landowners with whom financial
return is not the first consideration. (Cf. J. Wilson, 43,729. The number of Local Authority schemes
is given below. Paragraph 173 ff.) But the provision of small houses to be let on ordinary commercial
Unes had come to an end.
Causes op the Cessation of Building.
18. The question of the probable revival of private enterprise was touched on by several witnesses,
but before it can be profitably discussed it seems necessary to set out the main reasons given for its
cessation. As was to be expected, we found that a combination of adverse circumstances was pointed
out as having prevented the building trade from meeting the acute demand for cheap houses.
19. The causes named by witnesses may be divided into two classes — ^those which have been
more or less constant, and those which have formed an increasing handicap upon house-building.
It is obvious that the latter class, which we might describe as those of increasing intensity, are more
directly responsible for the failure in the supply of small houses. In the former class, which were
relatively constant in the period of fifteen or twenty years before the war, we may include high feuing
values— a subject which we treat separately in Chapter II. ; restrictive provisions regarding building
and land development, especially road construction ; heavy legal expenses connected with building, and
certain local causes such as the difficulty regarding subsidence in mining areas. In regard to restrictive
byelaws, needlessly expensive development and legal expenses, we agree with the conclusion of the
Majority ; but in dealing with the other class of hindrances to building, i.e. those which definitely in-
creased in seriousness during the years before the war, we feel it necessary to state our position inde-
pendently. These are (1) the rise in the rate of, interest and the difficulty of obtaining capital ; (2)
advance in the cost of building (wages, materials, and carriages) ; (3) advance in the cost of upkeep and
maintenance ; (4) the difficulty of securing adequate rents (which may be taken as the resultant of the
preceding causes) ; (5) increase in the burden of rates ; (6) new taxation and apprehension of further
burdens in the future ; (7) uncertainty regarding the building policy of Local Authorities ; (8) demand
for a higher standard of accommodation.
(1) Rise in the Rate of Interest.
20. This factor has undoubtedly been of great importance in checking building enterprise ; and
the extent to which the current rate of interest determines the value gained by the tenant on a given
REPORT. 359
capital expenditure is shown at once by the fact that a rise of 1 per cent, in the former involves the
addition of Is. per week to the rental of a house costing £260. Since the comparatively slight rise in
the rate of interest before the war caused real difficulty in the building trade, this gives some idea of the
immensely more serious difficulties which will arise after the war, owing to the unprecedented destruc-
tion of capital in all its forms and the vastly increased indebtedness of all the European nations.
21. Another fact which makes this consideration one of predominant importance is that in the
past housing in Scotland has been so largely financed with borrowed money. In the Report of Lord
Hunter's Committee on the alleged increase of rents it is stated that 90 per cent. " of the house property
' in Glasgow is subject to bonds, in most cases to about two-thirds of its estimated value." (Cd., 8111,
p. 6.) The magnitude of the demand which has in the past been thus met by the private investor was
strikingly brought out by the calculation that, for the ten years ending 1906-1907, the average annual
sum expended on the housing of Glasgow alone was £842,850, or a little over £1 per head per annum.
(Mactaggart, 22,847 (37 f.).)
22. At the end of the nineteenth century loans on house property could be obtained at 3 to 3J
per cent, in Scotland (though one witness stated that the English builder at the same time was paying
4 and even 4J per cent.). In Glasgow the rate of interest was increased to 3 and 3| per cent, in 1908,
and to 4 per cent, about 1912. (Lord Hunter's Report, p. 3 f. ; Mactaggart, 22,847 (25) ; Mickel,
21,893 (21).) In view of such facts it is not surprising that one business man, himself the initiator of
more than one housing enterprise, should have placed this cause first among the factors which have
caused building to cease. " I think the great difficulty in building houses is the large rate of interest."
(Gibson, 17,178; f/. Gordon, 16,473; Mann, 21,252, 21,399; W. Stevenson, 26,171 (5); W. Eraser,
38,179.) It has, in fact, become almost impossible for housing to meet the competition of other claimants
for capital, so long as the return from housing is not capable of expansion in changed conditions.
23. This diversion of capital towards other types of investment is due to tendencies which, even
before the war, were world-wide, but which have in some places been reinforced by local causes. One
such case was described by the Town Clerk of Grangemouth, who mentioned that his Council had to
construct new and costly water-works between 1903 and 1911. Instead of borrowing from the Public
Works Loans Board, they foimd it more economical to borrow locally. In this way they raised the sum
of £150,000 at rates varying from 3 per cent, to a maximum of ^ per cent. ; and in the process many
working men came to appreciate having their money invested on the security of the rates, with a
guarantee against depreciation, since mortgages were issued instead of stock. Another reason, the
witness went on to say,
why worldng men are at present averse to purchasing their own houses, is that they find in-
vestments for their savings at 4 per cent, in the local co-operative store, with practically no risk
of depreciation, no worry, and realisable on very short notice. It is doubtful if in the ordinary case
a greater net return can be got than 4 per cent, on heritable propert.y. (J. P. Mackenzie, 34,292 (6),
(13) ; cf. Campbell Murray, 23,949 ; Alston, 34,167a (15). Similarly Mr Mickel says. Many Local
Authorities have been borrowing heavily, and their bonds and stocks being gilt-edged securities,
' trustees are allowed to lend money on them. There have been many more of these trustees'
' stocks opening up of late that have been absorbing the money that used to go into building.
(22,006.)
24. The absence of " worry " and the regularity of the return from other investments, as compared
with those on house-property, appears to be a reason, quite apart from the nominal return, for the growing
preference for the former. (Alexander, 34,940.) For these and other reasons, not only has the flow of
fresh investment towards the building trade been checked, but there has been an extensive calling-up
of loans and bonds on houses by trustees. (M'Kellar, 22,712.) A fact of some importance is the
suspicion felt by the Scottish investor of bonds over cottage property. Another tendency of modern
building is to use brick as more economical than stone ; but there is a similar prejudice in the minds of
lenders against brick houses, as they will commonly lend two-thirds of the value on a stone house,
but only half on a brick one. (Campbell Murray, 23,897.)
25. The general difficulty was stated in another form by witnesses who referred to the hindrance
to building caused by the lack of capital. {E.g. Pritty, 17,072.) This affects housing in rural districts
as well as in the burghs ; and it hinders the operation not only of the speculative builder who has always
relied on borrowed capital, but also landed proprietors who may formerly have built out of their own
resources, but now need to have recourse to borrowing.
26. This has now become a matter of great difficulty. A solicitor, who has had very wide experience
of the management of Highland estates, said in 1913 that a proprietor, whose estate was comparatively
free of burdens, might be able to borrow money repayable by a rent charged of about 6 or 7 per cent,
according to the period of the loan ; but that he could not meet such a charge without being considerably
out of pocket every year. The witness then mentioned two cases in illustration of this difficulty, in
which he had utterly failed to " find money " for two loans on estates on which six y^ars before he would
have had no difficulty in borrowing. Insurance companies and other lenders in Edinburgh and London
all declined to entertain the proposal, giving virtually the same reply — that they did not wish to have
money locked up in land. (W. Mackay, 15,665 (23) ; cf. C. M. Douglas, 2572, 2587.)
3^ 27. All the witnessesjquoted above drew from these facts the conclusion that, if cottages are to be
provided at any figure approaching the rents which have prevailed in the past, capital must be found
on reasonable terms. {E.g. Douglas, Mackay, Mickel, Mactaggart, as cited above.) We deal in Chapter
VI. with this, the central difficulty of working-class housing, and we make special suggestions to meet
the case of the impoverished owner-occupier.
(2) Advance in the Costfof Building — Wages, Material, and Carriage.
28. Full evidence on this point was given, but it referred chiefly to the rise which had already taken
place before the war, while conditions were still more or less normal. We quote certain representative
opinions. The Measurer of the Glasgow Workmen's Dwellings Company, Limited, comparing the actual
360
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
cost of a large tenement block in 1900 with the cost as it would have been in 1913, reached the conclusion
that the rise in thirteen years had been about 15 per cent., and that if the comparison had covered twenty
years the increase would have been about 25 per cent. The Secretary of the Society^added. " That has
' an important effect in retarding building." (Mann, 21,207 (13), 21,249.)
29. Mr Mickel, a large Glasgow builder, said : —
The clearest comparison I can give is in the undernoted table taken from a measurer's books,
with the comparative costs for the various classes of work. I will assume £100 as a datum at the
cheapest time. Principal works in the construction of a house : —
1885.
1903.
1908.
1913.
£
£
£
£
Mason work
100
150
135
175
Brick
100
125
112
137
Joiner „
100
133
125
165
Slater „ •
100
150
135
162
Plumber „
100
140
126
182
Plaster „
100
145
130
160
Iron „
100
140
126
160
It will be seen that the prices were somewhat cheaper in 1908 ; this was caused by the falling away
in the building trade, and although work is less plentiful now, the costs at present have greatly
increased. The reasons are — increase in wages, raw materials, oncosts, insurance, and combines
among manufacturers and merchants ; and the tendency is still upward. (Mickel, 21,893 (9).)
It will be seen that, if 1903 is taken as the datum level instead of 1865, the rise between that year and 1913
does not differ very widely from the pre^dous estimate (Paragraph 28), although the latter goes three
years further back.
30. An Edinburgh architect placed the rise in the three or five years ending in 1913 as high as 20
to 25 per cent. ; and pointed out that even when the sharp rise of prices is followed by a fall later, the
fall never equals the full extent of the rise. (Lome Campbell, 19,457 (41), 19,710.)
31. The Architectural and Engineering Inspectors of the Local Government Board both gave
estimates based on wide knowledge and inquiry. Mr Wilson mentioned 20 per cent, as the approximate
increase in the ten years before July 1914, and added that in the year following the outbreak of the war
there had been a further increase of 25 to 30 per cent., while in certain west Highland districts the increase
was even greater. (Wilson, 43,864 f.)
32. As the result of an investigation in Glasgow, Edinburgh, Dundee, and Falkirk, Mr Walker Smith
reached the following estimate of comparative costs for construction in brick — that the expenditure in
wages represented 39 per cent., and the cost of materials 61 per cent, of the total, and that the latter
had increased as follows during the ten years prior to the war : —
nil.
Ironmongery and fire-clay goods ....
. 10 per cent
Common bricks . . . . .
. 20 „
Cement .......
. 25 „
Redwood, white wood flooring
. 30 „
Ranges and grates .....
. 40 „
White lead and oil .....
• 65
Lead .......
. 75 „
The increase of wages seems to have varied considerably, and in any case has been small in comparison
with the increase in cost of materials. The Board of Trade returns show increases in the wages rates
between 1905 and 1912, varjdng from nil in the case of plasterers to 7 per cent, in that of plumbers ;
and in ten years the increase might be stated at one-half more. Mr Walker Smith's final conclusion is that
the total increased cost of work is about 19-18 per cent. ; but he adds, " Further factors which will
' affect the question are the workmen's compensation, insurance, the output of work per hour, etc."
(Appendix CLIX., c/. Walker Smith, 41,557 (6).)
33. These calculations submitted by Mr Walker Smith raise the important question of the respective
share of increased wages and cost of materials in the total rise of building prices. Mr William Eraser, F.S.I.,
stated that the customary estimate of the proportions of building costs due to these two factors repre-
sented each as accoimting for about 50 per cent, of the whole. But owing to the fact that a larger
proportion of the materials are now brought to the site in a finished state, and less stone-dressing is done
on the spot, the percentage of wages to cost of materials paid by the builder at the actual operation of
building has tended to fall. This probably explains the discrepancy between the two estimates just
quoted. Even if we accept the estimate of wages as accounting for about only 40 per cent, of the total
cost, it must be remembered, as Mr Eraser and others pointed out, that wages also enter very largely into
the cost of materials. Mr Vivian gave the opinion that, roughly speaking, 80 per cent, of the prime
cost of building really goes in wages to the workpeople in the country. (40,684 f ; cf. Eraser, 38,115 ff ;
Mickel, 21,931.)
34. This estimate received strong confirmation from a close parallel pointed out by Mr Eraser between
the average cost of rooms in Glasgow and the variation in the wages earned by masons during the same
period. By comparing the cost of building per room with the wages of masons per hour for about thirty
years from the year 1872, he reached the conclusion that " it would seem that when Id. per hour was
' added to or taken off the wages, concurrently the cost per room was roughly increased or diminished by
' £10." (Fluctmliom of the Building Trade, p. 16 ; Evidence, 38,113 f ; Appendix, CXXXII. (IV.).)
REPORT. 361
35. From this parallel between building costs and wages taken over a long period in Glasgow, and
from the fact that, when the processes of preparing building materials are followed back to the source,
the percentage of costs applied in wages is undoubtedly very large, it might be argiied that the rise of
wages has been by far the most important factor in increasing building costs. But as regards recent
years, the figures quoted from Mr Walker Smith's statement show that this conclusion needs considerable
qualification. For while his estimate of the average rise of building costs approaches 20 per cent., the
Board of Trade returns show that in seven of the ten years under consideration, wages in certain of the
principal trades had risen by considerably less than 1 0 per cent. Thus some other influence must have been
at work ; and two directions were indicated by witnesses in which a further explanation may be looked
for, viz. a tendency to restrict output on the side of labour, and increasing combination on that of capital.
36. There was clear evidence that the large combines, organised by wholesale manufacturers of
building material, had appreciably raised the cost of certain necessary articles before the war ; and
their iiSluence has been emphasised since. (Mickel, 21,932 ; cf. W. Fraser, 38,120 f.) One striking
instance laid before the Commission was the experience of Copartnership Tenants, Ltd., which before
the war was purchasing porcelain baths from a British firm at a net price of 47s. 6d., but, on the outbreak
of war, and the withdrawal of German competition, the quotation was at once advanced to 63s. Id.
Mr Vivian cited this example in support of his contention that, " the cost of building in the future will
' in part depend on the degree to which combinations of manufacturers are able to maintain high prices."
(40,571 (74), 40,668 ; cf. Wilson, 44,004 f.)
37. Another factor to which attention was called was the high cost of the carriage of building
materials. It was stated by one witness that in the Border counties the railway monopoly leads to
additional charges for the carriage of building stone, in districts served by one company only. (Dal-
gleish, 17,003 f.) In another southern district (Kirkcudbright) high rates of carriage are said to have
much to do with the high building rates ; and in the more remote Highland districts the handicap to
building is still more serious. (Wilson, 43,794, fE.)
38. The general question raised by the evidence quoted regarding the steady, and latterly very rapid,
rise of building costs is how far this can be controlled. In so far as the increase is due to a rise in wages
no alteration is possible or desirable — except indirectly through increase of output. As, however, it
seems clear that part of the increase is due to the excessive charges of rings or combines of manufacturers
(Vivian, 40,668 ; J. Wilson, 44,004), the question of meeting these and regulating prices in the public
interest becomes one of great importance. Nor should it be impossible for the Government to con-
tinue to exercise after the war, at least for a time, the control over prices and purchase which is exercised
in so many directions at present.
39. During the period immediately succeeding the war, while prices still remain at war levels,
it will be an important counterpoise to these prices that the military authorities and the Ministry
of Munitions will have immense stocks of timber in hand, in various stages of preparation, and
that a considerable proportion of this, and presumably of other building materials," will be set free
for civilian uses. Of these uses housing has a specially urgent claim ; and we think that it will be
possible for the Government to meet part of the enhanced cost of building by supplying the promoters
of approved schemes for working-class houses with timber and other supplies at moderate rates. It has
also been suggested that disused military huts may be made available. We think that this suggestion
would need to be put into effect with caution, if satisfactory family dwellings are to result ; but it is
quite possible that sections of huts might with advantage be used to provide the wooden shell of cottages,
which might have walls consisting of this shell, an air space and a single brick lining. Such cottages
were erected on the Raith estate several years ago and have proved durable and satisfactory. (Graham,
29,583 (24), 29,612 ff.)
40. As regards factors of more permanent importance in securing the reduction of building costs,
a real and considerable economy can be effected when the provision of cottages is imdertaken on a
sufficiently large scale. Undoubtedly bodies such as Copartnership Tenants, Ltd., which can afford to
buy building requisites in bulk and to lay in stocks to meet future requirements of the societies affiliated
to them, stand in an advantageous position compared with the private builder or small society. (Vivian,
40,684. Mr Vivian mentioned that in some cases manufacturers will only supply ordinary builders
through a builder's merchant, whose commission adds to the cost of the article.) They are in a position
to make better terms with wholesale manufacturers ; and they can also standardise all fittings which are
purchased ready-made, and so obtain lower prices, and at a later stage effect important economies m
renewals and repairs. (Walker Smith, 4213 (49) ; Wilson, 43,911 f.)
41. Apart from the possibility of checldng the rise in the actual cost of building per cube-foot of any
given material, there is that of selecting cheaper materials than the stone and lime which till recently were
universally used in most parts of Scotland. It is a striking fact that an exhaustive inquiry by Mr Wilson,
Architectural Inspector of the Local Government Board, has shown that, in all but two or three isolated
districts in Scotland, building in brick is cheaper than in stone, in spite of the long distances from which
bricks have often to be brought. (Appendix CXCII.) Thus the traditional prejudice against brick in
Scotland, both among builders and lenders, must be gradually overcome if cheap cottages are to be pro-
vided generally. But brick does not represent the last word in economical house construction, and
various vritnesses referred to the possibilities of concrete and timber.
42. The witnesses, three or four in number, who spoke from practical experience of timber houses,
expressed widely differing views. (Cobban, 29,088 (4) (adverse) ; Edgar, 29,450 (favourable) ; Graham,
29,610 (favourable).) The Commission visited a house of three small rooms in an exposed position about
700 feet above sea-level in Kincardineshire, which had been erected for the very moderate sum of £60,
and which was said to be warm in winter ; and in the same county they saw two timber houses, with
stone foundations, which, after fifty years' use, were in reasonably good condition, and were let at a rent
much below that at which stone or brick could be provided. (Macnaughton, Appendix CLVIII.) In this
connection it is worth noting that the Departmental Committee of the EngUsh Board of Agriculture on
Buildings for Small Holdings, which reported in 1913, while not committing themselves to a recommenda-
tion of timber houses for general use in Great Britain, recommended that, where they are erected with
362 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
the assistance of Government loans, the period of repayment should be extended to thirty-five years,
and reported favourably on their economy and durability in Sweden. (Cd. 6708, 1913, pp. 26, 28, 48 11.)
Thi.s suggests that in raral districts where conditions approximate to those in such countries as Sweden
{i.e. where timber is plentiful and other building materials can only be brought from long distances),
they may also prove useful here. There can, however, be no doubt that there will be a great scarcity
of timber after the war, and that prices will be high. Consequently developments in the direction of
timber construction are not likely to be extensive, except for the use of timber and sections of huts at
present in the hands of the military authorities. (Paragraph 39 above.)
43. In regard to construction in concrete the position is very different. The evidence given before
the war regarding concrete construction was somewhat hesitating. It was held that the economy as
compared with brick and rough-cast is not very great, while the least carelessness of workmanship leads
to serious trouble from damp. (Wilson, 3997 (99) ff. ; Walker Smith, 4283 f. ; Wilkes, 4340 ; Coles,
5351 (9), 5367 ; Cameron, 13,974 ff. (speaking to favourable experience at Leadhills, the highest village
in Scotland) ; MacTaggart, 23,000 ff., and others.) We are, however, informed that valuable experience
has been gained by the Local Government Board and Local Authorities in the building of dwellings for
munition workers in Dumbartonshire, at Invergordon, and elsewhere. Experiments both in reinforced
concrete and concrete blocks have been tried on a larger scale than formerly ; and these may lead to
considerable modifications in building practice after the war.
44. In any case, the door should be left open for experiment ; and this can be done both by modi-
fying byelaws which at present stand in the way of experimental building and by actively promoting such
building. This appears to be a matter to which both Local Authorities and large employers building for
their workpeople should devote special attention, and there can be no danger in obtaining special re-
laxations of byelaws for the purpose, provided that all such relaxations are approved by the Local Govern-
ment Board, who might take the initiative in promoting such experiments.
45. Another direction in which economies can be affected is that of careful study of the architectural
side of construction, so that the space within the four walls of the house shall be fully utilised. A
witness, representing the Institute of Mimicipal and County Engineers, contended strongly that closer
attention is needed to cottage design, which is too often simply ruled bv precedent and the customs of
the building trade. (Young, 40.110 ff. ; cf. Wilson, 43,997.)
46. To summarise the conclusions which we desire to draw from the above evidence — we hold that
the following recommendations should be kept in view : —
(a) Careful and scientific planning.
(b) Use of economical materials.
(c) Standardisation of fittings.
(d) Purchase of iliaterials on a large scale by co-operative methods*
(e) Some nieasure of control over wholesale costs of building material, and possibly also of carriage
to remote districts.
Of these the last named is the only one which calls for direct action by Parliament or by a Central Housing
Authority ; but it is clear that the latter, as well as the Public Health officials of Local Authorities, can
do much to promote the other recommendations. W^e cannot attempt to determine exactly how far
these would succeed in counteracting the rise in costs of building during recent years, and especially
during the war ; but we hold that, if these suggestions are steadily enforced in practice, the reduction
effected in building costs must be very considerable ; and it must be remembered that the proposals
made elsewhere for the reduction of the cost of land and development and the modification of certain
restrictive byelaws would contribute to the same end.
(3) Advance in the Cost of Upkeep and Maintenance — Question of Destructive Tenants.
47. The rise just referred to in the price of building materials and in wages does not only affect the
original cost of the houses ; it also raises the proportion of the total rent which must be expended in
maintenance and repairs before any interest is received on the initial cost. Especially where modern
sanitary appliances have been installed, the cost of upkeep rises enormously, owing to the cost of
plumber work in making good burst pipes and other minor breakages or accidents. Under these cir-
cumstances, as one witness said, a rent of £6, 10s. " goes no distance in repairs." (S. Cowan, 16,501,
16,530.) This point was especially pointed out with reference to miners' houses, and also to those remote
rural districts where every tradesman has to travel many miles, and where it is said that to replace a
slate may cost 10s., and the expense of bringing the tradesman to the spot may treble the actual cost of
the work. (D. W. Robertson, 7020 ff. ; J. Hendrie, 7444 f. ; Dalgleish, 16,987 (this witness em-
phasised the additional cost of upkeep when a hot- and cold-water system is provided) ; Barrie, 28,750 ;
Milne-Home, 29,873 ; M'Whan, 38,339.)
48. Reference must also be made to the class of habitually destructive tenants, which is in most
cases not large numerically, but which gives trouble out of all proportion to its size both to house-owners
and to sanitary officials. The evidence on the point from the latter is drawn from a very wide area, the
districts in which complaint was made including West Lothian, Dumfries (burgh and county), Caithness,
Port-Glasgow, etc. The offences chiefly referred to were abuse of sanitary appliances and fittings, and
driving spikes into woodwork, or in extreme cases tearing up woodwork for firewood. The strongest
evidence on this subject from an official came from the Sanitary Inspector for Clydebank, who said that
in the Municipal Dwellings there (where the repairs from 1909 to 1913 averaged 13-37 per cent, of the
valued rental, and in 1912 and 1913 rose to about 17 per cent.) on one occasion it took a joiner two days
to remove nails from the floor of a house ; while in a private property practically all the flooring under
the bed had been lifted and the woodwork round the sink. He instanced various other cases in which
repairs swallowed up sums mounting up to 18 and 24 per cent, of the rental (new property), and in one
instance 32 per cent. Thus it was notfsurprising to learn that several builders had given'this amongst
their reasons for not going forward with anv further building scheme in the meantime. (G Ross 33 719
(69), 33,738 ff.) " v > >
REPORT. 363
49. Similar evidence was given by estate factors from Fife, Ayrshire, Inverness burgh, and elsewhere ;
though it is only fair to add that in the case of Inverness the worst damage was attributed not to regular
inhabitants but to tinkers, who, in consequence of the provisions of the Children's Act, 1908, have to
take up house in the winter-time. In this case it was estimated that 30 per cent, of the rental would be
absorbed in repairs, of which fully half was avoidable expenditure due to the carelessness of tenants.
Another witness (Clerk of Works on Raith estate) named £50 as the sum which might be needed to restore
a house so treated to the satisfaction of the Local Authority. (A. Fraser, 14,884 ff. ; T. Smith, 28.568 ;
Graham, 29,583 (11), (12)). Thus, though this class may be relatively small and diminishing rather than
increasing, they may cause increasing loss in the more expensively fitted modem house, especially as the
two things which have increased most rapidly in cost (woodwork and plumber work) are most exposed
to their attacks. The recommendations made in Paragraph 46 above would help to counteract the
increasing cost of upkeep. But the most important factor tending in this direction must be the general
rise of standard throughout the commimity, and the gradual education in the use of improved houses of
those who at present constitute the careless class of tenant, a point to which we return in dealing with
house management (Chapter V.). But we agree with the Majority (Paragraphs 627 ff.) that legislative
measures are also required to provide for the summary punishment of the wilful destruction of the
fittings of dwellings.
(4) Difficulty of Securing Adequate Rents.
50. It is obvious that, since both building expenses and the rate of interest on borrowed capital
have greatly increased, a much larger return on the cost of the houses is required now than formerly.
Mr Douglas, representing the Scottish Chamber of Agriculture, and speaking for the rural portions of
Scotland generally, named the impossibility of securing an adequate retm'n on cottages built at the
price ruling before the war as the main cause for the lack of modern farm cottages. He pointed out that
no one
would regard it as an ordinary commercial proposition to build a £300-cottage unless there were
to be a rent of something like £12.
And that
a £12 rent is quite out of proportion to the earnings and paying capacity of the farm-servant.
(2574, c/., for the North of Scotland, Peace, 11,772 ; W. Sinclair, 11,936 ; Bremner, 14,749 f.)
51. In Glasgow, prior to the war, the average weekly rent per room had risen as follows : —
1871. 1881. 1891. 1891. 1901. 1911.
Is. SJd. Is. lOid. Is. 9id. Is. llfd. 2s. OJd. 2s. Ifd.
(W. Fraser, Appendix CXXXII., Table I.) This represents a rise of between 25 and 30 per cent, in forty
years ; but it is decidedly less than the rise of building ccsts during the same period, not allowing for any
improvement in the standard of accommodation supplied.
52. In Greenock, the Burgh Surveyor
gave it as his opinion that, while the building costs had increased 25 per cent., 2 or 3 per cent,
only was the average increase in rentals. From Board of Trade returns it appears that the increase
of rentals in Greenock has been 8 per cent, over the septennial period of 1905-12, of which about 2J
per cent, is accoimted for by increase in rates. By taking an average for the building and the
engineering trades (skilled and -unskilled workmen) and printers, we find that wages have increased
during the same period by 4-4 per cent. Cost of food has increased by 13 per cent., coal by 25 per
cent. (Walker Smith, 41,557 (H).)
53. It seems probable that, owing to the rising cost of other necessaries of life, which tend to be
given the preference over house rent in a working-class budget, the expenditure on house rent has not
risen as rapidly as that on many other articles ; and it is certain that it had not risen sufficiently to recoup
the house owner for the additional expenditure forced upon him even in the period before the war. It
is true that in the case of old houses, built at a time when costs were low and modern improvements few,
the slow rise of rents may represent a net gain ; but the main point is that the rentals now offered are
not sufficient to provide interest on the heavy cost of building and upkeep as it has stood for several
years.
54. We must, however, call attention to the fact that the present difficulties of house owners are,
to a considerable extent, due to the failure to make regular annual provision for depreciation, as would
be done in any prudently-managed business. It has been customary for the whole net rental of pro-
perties, after payment of costs and upkeep and other burdens, to be treated as net revenue. This was
the case even in days when there was an annual margin on house property after all expenses had been
paid, out of which it would have been quite possible to make provision for depreciation. The result
is that now, as these properties approach the state of dilapidation, or require heavy repairs, the latter
cannot be provided out of the annual surplus. We mention this here to show how essential it is that,
in all housing schemes for the future, a sufficient sinking fund should be provided.
(5) Increase in the Burden of Rates.
55. Much emphasis was laid by various witnesses on the burden imposed on the smaller houses by
the great increase of rates in the period before the war. We do not feel it necessary to explain the com-
plicated system of Scottish rating, as this is fully treated in the Report for Scotland of the Royal Com-
mission on Local Taxation, presided over by Lord Balfour of Burleigh, which was issued in 1902. (Cd.
1067, 1902, Chapter I.) It is sufficient to say that the rates are divided between owner and occupier,
and that each pays his share directly, except in the case of small houses under £21 rental in the larger
burghs. In these, under the provisions of the House Letting Act, 1911, tenants' rates are paid by the
3fi4 ROYAL nOMMTSSTON ON HOUSING IN SCOTLAND.
landlord, and recovered by him or his factor, along with a small commission. (See Cliapter X. below.)
Taking Scotland as a whole, the direct burden of local rates — we do not pronounce here on the thorny
economic question of their final incidence— falls slightly more heavily on the occupie?' than on the owner,
the proportion paid by the former being about 55 per cent. In the rural districts of Scotland all public
roads are maintained by the District Committee, or by the County Council of those counties which are
not divided into districts, and hence their cost falls upon local rates.
56. Evidence regarding the burden of rates was given alike from the standpoint of the builder, the
house owner, and the occupier. From the standpoint of the builder it is felt to be a hardship that the
moment the windows are put into a new house he becomes liable for the payment of rates upon it,,
although he may not receive any rent for a long time thereafter. The practice of levying rates on unlet,
property (which has only been introduced recently in Glasgow, though it is of long standing elsewhere)
constitutes another hardship. (Mickel, 22,031 fE.) Both usages must tend to prevent the provision of
houses from proceeding the least in advance of urgent requirements. One large builder, who supported
the proposal for a local income tax, went so far as to say that " the enforced crowding of the population
in houses that are too small for their needs ... is owing to the burden of local rating." (Mactaggart,
22,847 (50)-(56), 22,908.) In support of this contention, he analysed the gross rental (including rates)
of a house with two rooms, bathroom and scullery, in a modern Glasgow tenement, let at 7s. 8d. per week,
showing that ground rent accounted for £1, 28., and each | per cent, of the interest on capital for £1,
while occupiers' and owners' rates totalled £5, 17s. lOd.
57. A representative of the Glasgow Houseowners' Association called attention to the fact that
owners' rates in Glasgow had risen in the twelve years from 1901 to 1913 by nearly 50 per cent, (from
2s. 8|d. to 3s. 1 Id. in the £). Over a slightly shorter period this represented a rise from 10 per cent, to
17 per cent, on the rental. (Menzies, 20,525 ; Eadie, 22,642 (2).) Another witness (ex-Provost of Ar-
broath), speaking of the burden of rates in a smaller burgh, said that relatively the amoimt placed on
owners tended to increase. He cited their water-rate, which had been as high as 2s. 7d. in the £, but
was reduced to about Is. 9d. in 1914, equally divided between owners and occupiers. (W. Alexander,
34,918 ; cf. J. P. Mackenzie, 34,292 (5), 34,306. For the sanitary improvements brought about see Majority
Report, Chapter IX.) High water-rates are common in Special Water Districts in rirral areas, as well
as in the burghs, nor is it imknown for the statutory limit of 38. in the £ to be suspended by the Local
Government Board. (See Public Health Act, 1897, section 137.) The phenomenally high rates in the
Outer Hebrides (which generally exceed 10s., and in Lewis have been known to exceed 20s. in the £)
are due to special causes.
58. But the classes on which the increase of rates has told most heavily are the occupying owners
of houses of a good standard, many of whom have obtained their dwellings through building societies
at the cost of prolonged effort, and who find themselves assessed for both owners' and occupiers' rates,
and the poorer labouring class. In the case of the latter, especially when the family is large, the rates
payable on a house adequate for family needs form a very serious burden.
The labourer cannot possibly get a house with all modern conveniences at a rent suitable to
his means. It may be regarded as axiomatic that no man with a wife and family and 25s. per week
of wages can afford to occupy a house at a £10 rent, and pay rateS; without regarding the rates as
well as the rent as a social grievance. It may be taken for granted that in no large town are houses
available for him at a lower rent which are not in the nature of slums. (Ex-Provost Keith, in a
Report to the Convention of Burghs in 1913. (Keith, 44,070 (7).))
59. The Chief Sanitary Inspector for Glasgow, in this connection, gave a table showing the incidence
of occupiers' rates, including stair-lighting, for the year 1912-1913, in the case of small houses —
Yearly Rent. Total Assessments per
•' t per month.
£A 4-625 d.
£7 4-464 d.
£10 4-96 d.
£15 4-96 d.
£20 4-883 d.
(Fyfe, 20,069.)
There is a small rebate on municipal, but not on water or parish, rates in the case of houses under
£10, but the charge for stair-lighting is higher ; thus it will be seen that the net difference is small, and
that the occupier of a £10 house was at that time paying over 4s. Id. per month in rates, while the
occupier of a £20 house paid nearly 8s. 2d., or slightly under £5 per annum.
60. It is a well-known fact that, as we descend the scale of income, there is an increase in the pro-
portion of earnings which must be expended in rent by a man with a wife and children to secure adequate
accommodation. Thus, apart from the effect of a decided increase of rates in acting as a check to build-
ing, it must tend to drive working men with moderate wages and large families into the smaller and
poorer houses. From the standpoint of benefit received this increase might be defended, since a large
part of the expenditure to which it is due has been on improved water-supplies, public health services,
education, and other objects which benefit the younger members of the commimity. Yet the whole
increase is not so accoimted for — witness the increased expenditure on road upkeep (largely and increas-
inglya national service), which is estimated as nearly £1,000,000 in sixty years. (Keith, he. cit., 44,147 f. ;
on the bm-den of road rates in rural areas, see Houston Anderson, 38,956.) But even the services first
mentioned may be too dearly paid for, if the child gains them at the expense of air space and light and
healthy surroundings.
61. Thus there is a strong case here for some measure of relief, and some modification of the system
which places the whole burden of local expenditure on assessed rental. Judged by the criterion of benefit
received, the system may be roughly and generally just (though not socially expedient), but from that
of ability to pay it obviously fails, since, in technical terms, it is a " regressive tax on income," pressing
most heavily upon the lower incomes. (Keith, 44,087 ; J. H. Jones, 44,247 (5), 44,251.) It is interesting
REPORT. 365
that the latter criterion had a firm place in old Scots law and custom, as in the sixteenth century one
recognised form of assessment for local burdens was upon " means and substance," and this principle,
which was complementary to that upon " lands and heritages," did not finally disappear till a generation
ago (1880). (Final Report for Scotland of Royal Commission on Local Taxation (Cd. 1067, 1902), pp. 1-3.)
While the old method had become unworkable, it seems necessary to find some other, direct or indirect,
which will, to some degree, meet the same end in relieving the householder whose substance is small
while his responsibilities are heavy.
Local and Imperial Expenditure.
62. Closely connected with this subject is that treated by our colleagues in Chapter XXXII. of the
Majority Report — ^the difficulty of carrying through measures of sanitary improvement in local govern-
ment areas with such smaU valuations as the 27 burghs which in 1910-1911 had valuations of under £5000.
(Cd. 5760, 1911.) There were 38 others with valuations between £5000 and £10,000 ; and in these 65 burghs
the addition of Id. in the £ to the rates only produces a sum ranging from about £7 to less than £40.
In small Adllages, where special district rates for water, drainage, etc., which often reach a high figure,
are added to the coimty rates for public health and roads, and other local charges, the total is apt to
prove a serious burden. These facts support the view that these very small local government areas
should be grouped into larger areas for public health purposes ; but this proposal lies rather apart from
the present subject, and a more pressing conclusion is that additional aid should be given to certain of
the smaller and poorer communities.
63. In the national interest there seems a clear case for considerable relief of local rates, if only
on the ground that the balance between expenditure, met locally, and Government grants to Local
Authorities has not been maintained as it existed some twenty years ago, and that much of the increased
expenditure which now has to be borne by local rates has not been incurred by Local Authorities on their
own initiative, but has been imposed by Parliament or Central Authorities in regard to such matters as
education or public health. The average rate of assessment per head of estimated population increased
from 17s. 7-2d. to £1, 14s. 2-Od.— an increase of 16s. 6-8d. per head, or 94-1 per cent, during the period from
1893-1894 to 1912-1913 ; but, in the same period, the average amount of grant per £ of rental received
by Local Authorities only increased from Is. 3-6d. to Is. 9-ld., or from 7s. 8-2d. to 12s. 5d. per head of
estimated population. Thus a much larger proportion of local burdens is now being borne by the ratepayer
than was the case over twenty years ago. We consider that these facts strongly support the contention
of the Departmental Committee on Local Taxation (England and Wales), which reported three years ago,
in favour of the readjustment of burdens, especially for those services which have steadily tended to assume
a more national character. (Cd. 7315, 1914. pp. 15-18.) We think it most desirable that this Committee
should, as soon as possible, issue a report for Scotland.
64. If such relief is given, we consider it essential that it should reach the quarter where it is most
needed, i.e. that it should not be distributed as a measiure of relief to all ratepayers in proportion to their
respective valuations, but that a larger share should reach the owner and occupier of the house of small
rental. We do not deal here with the evidence submitted in favour of the taxation of site values, or
with the proposal for a local income tax, as both of these fall naturally within the remit of the Depart-
mental Committee referred to. But in Paragraphs 140 ff. below, we give our opinion as to the limitations
which must be observed in the interests of open development and healthy housing, if the former proposal
should ever be brought iato general operation.
(6) New Taxation, and Apprehension of further Burdens in the Future.
65. When we pass on to consider the efEect of recent imperial taxation and legislation bearing on
land and property, the facts are not so easily determined. It is necessary to distinguish between the
actual efEect of changes introduced by Parliament, including new burdens on property, and the influence
of these changes on the general opinion of the landowning or investing classes. There was clear evidence
that the Latter has been verj' considerable, but it is less clearly established that the apprehensions aroused
by recent legislation, especially the Finance Act of 1909, were well founded.
66. The best method of representing the tenor of the evidence given is to quote from certain com-
petent witnesses, (a) As regards Rural housing, Mr Douglas, speaking for the Chamber of Agriculture,
mentioned as one cause of the non-provision of new cottages, " a feeling of insecurity that is ascribed
' to recent legislation." He cited the apprehension of interference with the management of agricultural
estates and the possible loss of capital thereby through the Small Landholders Act ; and also referred to
the taxation imposed by recent budgets. While declining to express a decided opinion as to the reasonable-
ness of these apprehensions, he pointed out their very definite efEect in discouraging building enterprise.
(Douglas, 2587-2608.) Witnesses of wide experience in different rural districts also called attention
to the heavy burden of death-duties, which, even before the last increase, absorbed about eight years'
net rental on large estates ; and pointed to the effect that naturally followed in checking improvements,
or even making all capital outlays impossible for several years, to the serious detriment of tenants and
tradesmen. (W. Mackay, 15,665 (10) ; Mibe-Home, 29,842 (37) ; cf. Constable, 29,322 f.) In regard
to the Small Landholders Act, the difficulty is caused by the uncertainty as to the farms, or portions of
a large estate, which may be fixed on by the Board of Agriculture for the creation of holdings. This
makes proprietors and factors hesitate to incur expenditure on the provision of additional farm cottages,
as they fear that, in the event of the farm in question being broken up, the capital so expended will be
thrown away.
67. (6) Evidence was also given regarding the effect of recent legislation or apprehensions regarding
future legislation in discouraging building in the Burghs. Here, again, we must distinguish between
criticisms based on the actual and proved effect of certain provisions, particularly in the Finance Act
of 1909, and the general, diffused apprehension of impending change. This is brought out in the evidence
of the architect and surveyor of Ardgowan estate, who said that, judging from conversations with many
builders and prospective investors in house property in Greenock, " they seemed unsettled by recent
366 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
' legislation." The witness indicated that at times he thought their fears exaggerated, but spoke decidedly
of the prevalence of the apprehension that " recent legislation, and legislation which is apparently in
' prospect, will bear heavily on those who have money invested in heritable property." (Hamilton,
29,502-4.) In the same way the factor of the PoUok estate said : —
In my opinion, the cessation of building is to a great extent due to the feeling of insecurity
for capital invested in house property, owing to the risk of being penaUsed unfairly compared with
the capital invested in other forms of security. (23,881 (37). Similar opinions were expressed
by other witnesses of experience, e.g. M'Kellar, 22,712 f. ; G. Fraser, 31,115 (32) ; W. Eraser, 38,097 ;
in addition to the rural witnesses already quoted.)
68. Coming to detailed criticisms, an important point was raised by the factor for Dalzell estate
(Motherwell) who said : —
The Government valuers capitaUse feu -duties at twenty years' purchase, and as it takes over
twelve years to wipe out the costs of development (without allowing anything for administrative
costs or for the fees of the engineer and others), at least one-half of the capital value of the feu-duties
is represented by the expense of development. . . . The practice of the Inland Revenue since the
passing of the Finance Act is to demand the Government's statutory share of any increment in
land on the basis of the market value of said land, with the result that in several instances they
have actually penahseda superior for being generous.
This last point is of special importance, since, as witness pointed out, there may be a very large margin
of difference between the market value, as represented in the full ground rental, and the amount actually
charged by the superior in feu-duty. In the case of the Dalzell estate, the maximum ordinary feuing
rate for dweUing-houses is £24 per acre, which includes free land for roads, and in some cases, the con-
struction of the roads themselves.
That the present rate of feuing at Dalzell discounts normal risks is manifest from the fact that
large grassums have frequently been offered to the first appHcant, even before his title to the ground
was completed, or the ground was subsequently sub-feued at greatly advanced rates.
The witness added that, in spite of risks of damage through mineral subsidence, he has known of land
feued at £20 an acre being sub-feued at £40. (G. Fraser, 31,115 (45)-(47), 31,300.) He also pointed out
the hardship that exists when taxation is imposed on " single profits " and not on " overhead results " ;
but we do not enlarge on this — the difiiculty associated with the " Lumsden case " — ^as we understand
that it is already receiving the attention of the Government.
69. A further point was that in the past builders often bought plots of ground advantageously as
they came into the market, and then held them until a slack period in the building trade gave a good
opportunity for their use. This practice, which was often convenient, has been checked by the Un-
developed Land Duty. (31,194 ; Knowles, 14,584.) But another witness gave it as his opinion that
this tax had assisted to bring land into the market at reasonable rates. (Mactaggart, 22,871, 22,889.)
70. It seems clear from the evidence given that the effect of the Finance Act of 1909 cannot be
considered in isolation from other causes tending to the depreciation of property which had been in
operation for years before its introduction. The majority of these we have already traced. But, seeing
that the market for land and property was already in a somewhat depressed state, the apprehension
roused by that Act certainly had a marked influence — ^an influence perhaps out of proportion to the
real effect of the actual provisions— m accentuating the difiiculty of finding capital for house building.
It also reinforced the tendency to transfer capital previously invested in real estate to other forms of
investment."
71. In this connection we should call attention to the Act passed towards the end of 1915 to prevent
the increase of rents during the war. This may have been necessary as a war measure— though as to
this the report of Lord Hunter's Committee (Cd. 8111, 1915) was by no means conclusive — but, whatever
opinion may be held as to the necessity of some such measure, there can be no question that the Act
represented an earher and more severe restriction on the return from house property than was apphed
to investments of most other classes. To this extent it discriminated further against the investor in
bousing, and in favour of other forms of enterprise.
72. We do not consider it needful to state in detail the measures which should be taken to restore
confidence, but it is clear that these will fall under three heads, {a) Certain definite amendments should
be passed of clauses in recent Finance Acts which have proved to bear hardly on the builder or owner
of small properties — e.g. the doubhng of the stamp-duty on the conveyance of property of a value of £500 or
over, while it does not affect the owner of a single cottage, appears to be a hardship for proprietors of
a small group of cottages, and we suggest that the limit should be raised. (Finance Act, 1910,
section 73; cf. Mickel, 22,037 f. ; Mackenzie, 34,334.) Other points of this nature will be referred
to in connection with building societies. (Paragraphs 301 ff.)
73. (6) If in the future superiors are to contribute directly to local or national needs from the profits
of feuing, it is of the greatest importance that they should be called upon to do so in such a way as not
to interfere with the development of building land. On this point there are two suggestions before us,
to which we call attention. The first was advanced by the factor of the Dalzell estate, and refers to
the possibihty of a regular contribution by owners of feu-duties.
Assume that a special case for every superior and mid-superior contributing a part of his feu-
duties to the community and to the State has been proved, it seems to the witness that this could
be secured by assessing all new feu-duties for Imperial and local taxes, and this could be effected by
entering the feu- and tack-duties in a column to be added to the valuation roll. Everyone would
then know where they were, and the financial result locally would be that the superior would,
according to the situation of the feu, contribute either to burgh rates or county rates — (a) in special
districts, {b) outwith special districts ; in addition to Imperial taxes, (a) income tax, (6) super-
tax, or the rate might be fixed as in mineral right duty. (G. Fraser, 31,115 (33), 31,199.)
REPORT. 367
The other suggestion, by the factor of Pollok estate, refers to the difi&culty inseparable from the present
system of collecting increment value duty, or from any proposal to place a permanent tax or rate upon
land values. These are based upon prospective feuing values, but, as we shall point out in the next
chapter, the course of feuing is often highly uncertain and apparently desirable plots may be left unfeued
for years. In this case a proprietor might find himseK paying a considerable tax or rate on an assumed
capital value which was not in fact reahsable. Mr Campbell Murray suggested that the same end would
be met if, on the actual completion of a feu contract, one year's feu-duty were made payable in a single
sum. (23,882-5.)
74. (c) As regards the apprehension of heavy taxation or rating as hkely to follow upon the new
valuation, it seems clear that this has influenced the minds of builders and investors, and will continue
to do so as long as the state of uncertainty lasts. Thus, if a measure of this kind is to be introduced,
it will be well that this should be done as soon as possible after the conclusion of the war, and done in
such a way as to give reasonable assurance that it will not be followed by frequent variations and increases.
In this|connection Mr Campbell Murray's arguments against the taxation of capital, which may be locked
up and yielding no income, and in favour of the taxation of site value only when the increment is realised,
deserves the most careful consideration.
75. In regard to the difficulty indicated as arising under the Small Landholders Act, the same
conclusion holds good. If once the Board of Agriculture, or any other authority entrusted with the
work of land settlement after the war, has made it plain what class of farm is hkely to be taken for division
into small-holdings, and what assistance is to be given in the equipment or improvement of such holdings,
one difficulty will have been removed from the path of proprietors who are at present unwilhng to sink
capital in the provision of improved houses for existing farms. They will then know what farms are
to be left under the present system, and so must be provided with cottages by the proprietor.
76. We hold that if a declaration of policy on these two essential matters can be made in the not
too distant future ; if certain definite amendments are made on clauses of the Finance Act specially
referred to above ; and if some rehef from the burden of rates can be given to the owner and occupier
of the small house — these measures will serve as a guarantee that house property will not in the future
be subjected to exceptional burdens. This appUes to public utihty societies and building societies not
less than to the private builder.
(7) Uncertainty Regarding the Building Policy of Local Authorities.
77. Another cause, referred to specially by witnesses from Greenock, but probably operative else-
where, is the expectation that the Corporation or the Government would provide houses on a large
scale at rents much below those chargeable by private builders or copartnership societies. It was stated
that, until the pohcy of public building had been determined and its probable extent known, even building
schemes which seemed promising and attractive might be entirely checked. (Hamilton, 29,495 (5) ;
Shaw Stewart, 29,506 ; Boyd Auld, 39,895 ; Walker Smith, 41,557 (5) (D).) The opinion of the two
inspectors of the Local Government Board on the last point is worth noting : —
There is no doubt that there is force behind the contention that the uncertainty of action by
the Corporation has been a deterrent to private enterprise. To what extent the operations of the
Local Authority will affect private enterprise it is difficult to say. It appears certain, however,
that the least iU-effect from action by the Local Authority in matters of this nature will accrae from
removing the indefiniteness of their intentions. (Walker Smith, loc. dt. ; cf. also Wilson, 4171 ff.)
78. In both these respects, the uncertainty as to the extent of building by public authorities in the
near future, and the rents likely to be charged, and also the fear of additional burdens on land and housing,
we are confronted with the difficulties inseparable from a period of transition. At a time when other
causes have tended to draw capital away from house-building, the effects of this uncertainty have been
particularly marked. The best hope that a condition of greater stabiUty will return is to be found in a
clear declaration of pubhc pohcy regarding the extent to which pubhc authorities are likely to occupy the
field of house-building, and the amount of assistance, direct or indirect, to be extended to the private
builder. (See Chapter IV. below.)
(8) Demand for a Higher Standard of Accommodation.
79. As regards the rise in the standard of house accommodation little need be said, for there can be
no doubt that in the vast majority of cases it is highly desirable, and indeed necessary. If other circum-
stances had remained favourable, the increased accommodation would probably have been readily paid
for by a corresponding increase of rents. But as rents have not risen to the full extent of all the
increased charges on building, a deadlock has gradually been reached ; and the rise of standard may
be taken as one of the contributing causes. It is indeed a cause which has acted with increasing force.
Even within the time occupied by our inquiry we have been much impressed by the steadily growing
sense that the standard of housing in many parts of Scotland has in the past been intolerably low, and
that new houses must reach a higher standard of size, accommodation, and convenience. At the same
time we feel that it is necessary to make a steady effort to enforce the various possible improvements
in the order of greatest importance. First things must be kept first ; and, where a choice has to be
made, as is often the case in rural districts, between e.g. the provision of a third room of adequate size
and the instalment of modem sanitary appliances, we should in the great majority of cases imhesitat-
ingly recommend the former. To this point it will be necessary to recur. (Chapter X.)
TgE Future of Private Enterprise.
80. We have dealt with the great majority of causes of the cessation in the provision of small houses
before the war, and we have endeavoured to show how far these can be modified. Our suggestions
cover the advance in the cost of building and upkeep (2 and 3 above); the increasing burden of rates (5),
368 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
the apprehension caused by additional taxation and legislative changes (6), and the uncertainty as to
the building policy of public authorities (7). In regard to (8), we recognise that the demand for a higher
standard of housing accommodation is an essential factor in progress, and we only contend that existing
difficulties should not be needlessly aggravated by the attempt to enforce in all circumstances a stand-
ard which may be abundantly justified in certain districts. The question of the acquisition of land
still remains for treatment in the following chapter ; and a much more important question, raised by
headings (1) and (4) above — the general question of building finance, which forms the crux of the
whole problem — will demand treatment thereafter, Chapter VI. below.
81. If the suggestions already made had been in force during the months immediately before the
war, we incline to the opinion that they would have been sufficient to bring about a renewal of building
had conditions remained normal. In this connection it is worth recording that during the year ending
July 1914, we asked various witnesses whether in their opinion private enterprise was permanently
disquahfied from the provision of small houses, or whether it might be expected to revive with the return
of more favourable conditions. First, however, it may be pointed out that a very large number of
witnesses spoke of private enterprise as " dead." But metaphors are notoriously misleading, and the
question remains whether this metaphor is more than a vigorous description of a state of suspended
animation. Many of the witnesses who used it undoubtedly wished it to be literally xmderstood ; but
several of those — probably a majority — who spoke from practical experience of the supply of houses
by bodies other than public authorities took the opposite view and predicted its eventual return to life.
82. All the witnesses referred to desired the removal or modification of the adverse influences men-
tioned above, although they naturally varied in the points which they especially emphasised. One
made his opinion conditional on the return of more settled political conditions ; more than one on the
improvement of the monetary position ; another on a rise of rents to meet a proportion of the increased
costs of building ; while Mr Walker Smith of the Local Government Board pointed out the especial
advantage that would accrue to the builder from an enhghtened town-planning pohcy, involving the
provision of land at a reasonable price and economical development. But there was a widespread
opinion that, given these more favourable conditions, houses would again be provided for at least the
better-paid working-classes by private enterprise. Of these opinions we may quote three as repre-
sentative.
83. One is by the Factor of Pollok estate : — '
My feeling is that building always rights itself. There is a lull and then a spate, then the spate
goes too far and causes a lull again. The population is increasing, many houses are being con-
demned, and, obviously, I think, property will recover its value.
Similarly, Mr Mickel, builder, Glasgow, said : —
Given an opportimity, with cheap and suitable ground for cottages, available finance, and
encouragement, I am sure those at present in the trade would be quite able to supply all the needs
of the commimity, and with healthy competition and an ample supply of houses, prices and rents
would be kept at their market value.
Mr Maclaren, architect, Dundee, also said that he did not think that the main burden of the supply
of working-class houses would be thrown on Local Authorities.
I think that the supply of houses, the same as the supply of any other commodity that the
commimity requires, will be provided by private enterprise. (Campbell Murray, 23,950 ; Mickel,
21,893 (27) (c/., 22,036) ; Maclaren, 35,428. See also Mann, 21,315 ; Eadie, 22,649 ; M'Kellar,
22,826 ; W. Fraser, 38,179, 38,193 ; Walker Smith, 41,604 f.)
84. Bearing in mind the fact that great efforts will be made after the war to raise^'the wages of the
more poorly paid ranks of workers to a higher and more satisfactory level, and the probability that the
rate of interest and costs of building will gradually fall from their war level, we think it probable that
private enterprise in house-building will eventually revive ; but there will undoubtedly be a difficult
transition period, during which special measures of stimulus will be called for in every branch of build-
ing. If, as we recommend lat^r, the Government advance from national funds sums sufficient to make
good the rise in the rate of interest during the war and also the abnormal costs of building, thus restoring
the approximate conditions of the early part of 1914, we hold that private enterprise must again become
a factor of importance in the provision of small houses.
Recommenbations.
We consider that the following measures should be taken to reduce wherever possible the cost of
constructing small dwellings : —
(1) The modification of obsolete or excessively stringent byelaws, especially in regard to road con-
struction and other branches of land development, and the reduction, where possible, of
legal expenses. (See Paragraph 19.),
(2) (a) The continued regulation by the government of the costs, and in certain cases the supply,
of such essentials as timber during the emergency period of reconstruction following
the war. (Paragraph 38 f.)
(b) The use of economic materials for the construction of houses, with the greatest possible
freedom of experiment consistent with stability and sound workmanship, involving
the temporary or permanent suspension of byelaws Vhich might prevent this at the
discretion of the Local Authority, subject to the sanction of the Local Government
Board. (Paragraphs 40-44.)
(c) The standardisation of 'fittings. (Paragraph 40.)
REPORT. 369
(d) The purchase of materials wherever possible on a large scale by co-operative methods.
(Paragraph 40.)
(e) The careful and scientific planning of dwelHngs so as to secure the maximum amount of
space and convenience per cubic foot of the building as a whole. (Paragraph 45.)
(3) The relief of the small house from some portion of the present burden of rates, comprising : —
(a) The imrating of new houses under £21 rental imtil they are actually occupied, and as far
as possible of imoccupied small dwellings generally. (Paragraph 56.)
(b) The payment from National Funds of a considerably increased proportion of the expenses
of local administration in so far as the services rendered tend to be national in character ;
with such provisions as shall secure that the main benefit of this assistance reaches the
owner and occupier of the small dwelling. (Paragraphs 61-64.)
(c) Such a readjustment of the areas of the smaller and poorer Local Authorities for housing
purposes as shall secure that rates for improvement can be levied over a wider area than
is frequently the case at present. (Paragraph 62.)
(4) The removal of burdens or the apprehension of possible burdens, on the owners of small dwell-
ings by :—
(a) The amendment of certain clauses of the Finance Act, 1909-1910, especially those imposing
taxation according to " overhead results." (Paragraph 68.)
(b) Full allowance by Inland Revenue valuers for all necessary expenditure by proprietors
on development. (Paragraph 68.)
(c) The raising of the hmit over which double stamp-duty is charged on the conveyance of
property to a higher figure than £500. (Paragraph (72.)
(5) The determination at the earliest possible date by the Board of Agriculture of their policy re-
garding the breaking up of medium-sized or large farms into small-holdings, so that the
proprietors of those farms which are to be continued under the present agricultural system,
may not be deterred from investing capital in the provision of additional or improved cottages
by the uncertainty as to whether they will come under the Small Landholders' Act. (Para-
graphs 66, 75.)
(6) In the same way we hold that it is important for the extent and nature of the responsibilities
to be assumed by Local Authorities in the near future for the provision of small houses to
be laid down as clearly as possible, so that other forms of enterprise may not be excluded
owing to uncertainty as to which portions of the field will be occupied by the former. (Para-
graphs 75, 78 ; cf. Chapter IV., Paragraph 243.)
CHAPTER II.
LAND VALUES AND THE ACQUISITION AND CONTROL OF BUILDING LAND.
(A) Feu-Duties and Land Values — General Considerations.
85. The questions of the share of house-rent which is attributable to ground rent, and of the extent
of the profits which accrues to proprietors from this source, are at all times complex, and in Scotland the
system of building upon perpetual feus adds to their complexity. We accept the general account of this
system, and of certain variations from it, given by our colleagues of the Majority in Chapters XIX., XX.,
XXL, and XXIII. of their Report, although certain statements made — e.g. in Chapter XXL, regarding
the dubious means by which builders have in some cases attempted to break through feuing restrictions, —
while doubtless perfectly accurate, are not directly brought out in the evidence. But as regards Chapter
XXII., on " The Cost of Land and Feuing Rates," we find it necessary to dissent on various points, both
of fact and of inference, which have a considerable bearing on questions of policy which fall to be dis-
cussed later. Hence, as this is a subject which must be treated as a whole if it is to be treated clearly
and consistently, we consider that it is necessary to set out oui views at some length, even at the cost of
some degree of repetition.
86. We agree with the statement of the Majority in regard to the distinction between feuing and
leasehold tenure,* and we attach great importance to the distinction between feu-duties and actual land
values. The feu-duty may be considered either as a rent on a lease of indefinite duration, or as a deferred
payment for the site. The latter interpretation brings out the fact that — except for the restrictions
discussed by the Majority in Chapter XXI. — ^the control of the site passes absolutely from the superior
to the feuar. This system has the advantage of giving the feuar security of tenure and the unrestricted
possession of all improvements which he may be entitled to make under the feu-charter. On the other
hand, as the superior at the time of feuing parts with the land in perpetmty, there is a stronger induce-
ment to him to defer feuing until a high rate can be obtained than if he were giving off the land on a
relatively short lease, and he may require an imdue number of buildings to be placed on the site as
secxirity for his feu-duty. (Mactaggart, 22,847 (13).)
87. Another important result of the system is that the feu-duty may come in time to be widely
different from the true value of the ground. In the case of an old feu-duty at a low rate the latter may
be many times larger than the former ; and in such cases, a " ground annual " may easily be
added. (See Paragraphs 99 f. below, and Majority Report, Paragraphs 1546 f.) But in the case of
* For examples of leasehold in Scotland, Bee T. Smith, 28,504 ff.; Graham, 36,335 ; cf. C. R. Macdonald, 37,534 (6) ;
Shaw, 37,576 ff. Its chief disadvantage is well known — the risk of dilapidation towards the end of the lease.
24
370
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
certain feus given off during the latter part of the nineteenth century for tenement building, the feu-
duty is certainly higher than the estimated present annual value of the site, and is far in excess of any
value that could be placed upon it for housing purposes if the number of houses per acre were subject
to a reasonable limitation. In the more extreme cases of this kind the feu-duty may come to represent
" to some extent a bond upon the stone and lime." (Mackendrick and Gordon, 23,645.)
88. The divergence between these two values — the ground value at any given time and the fixed
burden upon the site — is largest in the chief towns and cities. In the smaller burghs the variations of
value (if we leave out of accoimt advantageous central sites which would not naturally be used for work-
ing-class dwellings) are not as a rule very wide, and the feuing value of building land can be more readily
determined. Another distinction, referred to by our colleagues, which is of importance, is that between
the value of the bare site or soil as so much building space and that of the site as developed, i.e. provided
with roads, drains, etc. We agree that the feuing value refers as a rule to the former ; although some
share of preliminary expenses must always be borne by the estate, and on certain estates the whole cost
is so borne (cf. Paragraph 96 below).
Feu-Duties in the Scots Burghs.
89. The Majority of the Commission have given a summary of the facts regarding feu-duties brought
out by special investigation, checked and supplemented in many cases by evidence given in the ordinary
course of our inquiry and by figures for about thirty burghs supplied by the Architectural Inspector of
the Local Government Board. But we think it well to supplement the summary which they give by
stating in tabular form the feu-duties in those burghs of under 10,000 population from which informa-
tion was obtained. We take the average between the highest and the lowest figure named in each case
as the feu-duty for the burgh. We make no claim of absolute scientific accuracy for these averages, but
we hold that they represent with reasonable accuracy the rate common at the period when land was
last feued for the erection of working-class dwellings. At all events, such a mean figure seems a more
accurate index than the maximum rate, which may have been obtained for a specially desirable site.
90. Approximate Average Feu-Duty per Acre in 89 Burghs under 10,000 population, 1911.
(Three burghs are included in this table in which feuing is not the rule, but the nearest equivalent
feu-duty has been given. These are omitted by the Majority from their total of 86 biirghs under 10,000
population, hence the discrepancy in the totals.)
Under 5000.
From 5000 to
10,000.
£5
1
£6
1
£7
2
£8
6
£9 .
3
i
£10
10
£11
6
£12
5
*i
£13
4
£14
6
i
£15
5
1
£16
8
3
£17-£18
2
1
£19-£20
6
2
£20-£25
1
6
About £35
5
2
71
18
91. As regards the two groups of burghs from 10,000 to 25,000 and from 25,000 to 50,000 popula-
tion respectively, the figures given in the Majority Report are sufficiently full to stand without supple-
ment from us — except that it seems worth while to point out that, in the former group, there are nine
burghs, or nearly one-half, in which the maximum feu-duty is returned as £20 or less, in some cases the
ruling rate is considerably less, including such an industrially active burgh as Cowdenbeath, where the
feu-duty is £8 to £12 and the population increased from 4296 in 1891 to 14,029 in 1911. Bo'ness, with
a feu-duty in the burgh of £12 to £16 and Renfrew with £16 and £20 are other instances of burghs with
rapidly expanding populations and feu-duties of under £20.
92. As regards the seven large towns, we accept the summary of feu-duties given by the Majority,
though not all the comments made upon them. In particular we would call attention to the following
points : —
Greenock. — The account given seems to us to do less than justice to two cardinal features in the position.
One is the geographical situation and the lack of access to the high land to the south of the town, which,
if it were made accessible, would greatly relieve the pressure on the portions both of Greenock and Port-
REPORT. 371
Glasgow near the Krth of Clyde.* The other is the attempt made many years ago by the then pro-
prietor of the Ardgowan estate to grant cheap feus to occupying owners of the working class — an attempt
which failed of its chief object (see below, Paragraph 102). In view of the restricted sites available, and
of the fact that the profit of exceptionally low feu-duties, if such were granted, would almost certainly
go, not to the actual tenant, but to some intermediary who would create a ground annual, we do not
think it can be said that the owners of the land have in this case made an unfair use of their position.
93. In general, we are inclined to attach much greater importance than our colleagues appear to do
to the effect of the site and surroundings of a town upon the feu-duties charged. This appears if we
contrast the feu-duties of £20 to £40 in Paisley, with its comparatively open site, with those of Leith,
confined between the sea and the city of Edinburgh, or Greenock — in both of which towns the rate for
tenement land is £70 or over. It appears even more strikingly in the contrast between Dtmdee and
Aberdeen. Aberdeen has an open site on two sides at least, whereas Dundee, like Greenock, suffers
from the steepness of the hills behind and from a concentration of industry, and consequently of housing,
within a limited distance of the docks. Aberdeen has the further advantage that the development
of the newer portion of the town has proceeded on open and well-planned lines, largely through the
foresight of the City of Aberdeen Land Association, which has also tended to restrict feuing rates.
(Matthew Hay, 41,334 (21), (79) f., 41,415, 41,523.) We think these two factors go far to explain the
difference between the feuing rate for working-class dwellings of £35 to £60 — or possibly in some cases
less — ^in Aberdeen and that for tenement land in Dundee, which is at least double the figures named.
Agricultural and Feuing Value.
94. We desire to dissociate ourselves from the use made by our colleagues of the comparison between
agricultural value and feuing rates as regards land in comparatively central sites in Edinburgh and
Glasgow. We are quite aware that extortionate rates have been charged in Edinburgh for land which
at the time of development lay on the outskirts of the city, and we do not for a moment defend this
procedure (c/. Paragraphs 118 f. below) ; but many of the values quoted are for districts in which
the alternative uses of the land are not for agriculture and housing, but for conmierce or industry and
housing ; and the problem of housing those who must live in parts of the cities where land is at a premium
for other purposes is somewhat apart from the present question.
95. We readily admit that in a considerable proportion of the smaller burghs the increment of the
prevailing feu-duties over agricultural values is so considerable as to point to the operation of a land
monopoly. Out of 126 burghs, including the cities, in all but two the prevailing feu-duty was more than
three times, and in all but twenty-four it was more than five times the agricultural value of the land,
if we estimate the latter at £2 per acre. But, on the other hand, it should be borne in mind that in all
but the smallest burghs there is a belt of land on the outskirts which is in demand for recreation groimds,
market gardens, and similar objects, which raises the cost of the land above agricultural value, thus
forming a transition to building value. In the case of the feuing of comparatively small areas it is also
to be borne in mind that the agricultural disturbance and consequent loss of agricultural rent may be
considerable in proportion to the feu-duties created.
Net Return on Land Feued.
96. It is essential to bear in mind the distinction between the feu-duty charged per acre and the
actual return to the superior. As we have already pointed out, on certain estates the feuing rate is
inclusive, no separate charge being made for the land occupied by roads or the cost of road-making.
But even where this is not the case, and a proportion of the roadway is included in the feu, while expenses
of development are charged to the feuar, there is still considerable unremunerative expenditure in the
development of building land. There is the loss of agricultural rental during the interval before the
feus are all taken up ; and there may be also compensation for disturbance ; the cost of additional
fencing, " considerable engineering expenses which are not recoverable from feuars," and costs of
cleansing and lighting. Even where a proportion of the cost of roads is subsequently recovered from the
feuars, there is the loss of interest on the capital sunk in development until the feus are taken up. This
last is always an uncertain element, as it is impossible to predict the exact course that feuing will take,
and frequently only one side of a street (that with a southern exposure) will be built on for many years.
97. No estimate was given of the amoimt of this deduction on the usual feuing system, i.e. where
expenses of development are added to the feus ; but important information was laid before us from two
estates (Pollok and Dalzell) which follow the more generous poUcy of constructing roads and giving land
for road-making free of charge. On the Pollok estate, during the period from 1866 to 1913, £120,000 has
been sunk in developing over 1400 acres. The factor stated that " allowing combined interest at 4 per
' cent, on the outlay on development not recovered since the date it was incurred down to the present date,
'this represents an_ annual charge of seven'sixteenths, or nearly one-half of the whole feuing rental.
' Moreover, a very considerable part of the outlay is irrecoverable." When to this deduction of 43 per
cent, there is added 12 per cent, for area of open spaces and 16 per cent, for area of streets, it appears
that " the net return to the proprietor for the whole area embraced in feus, roads, parks, and open
spaces works out at practically 29 per cent, of the gross feu-duty charged." (Campbell Murray, 23,881
(4) (20)-(22), 23,908 ; cf. Wilkes, 4296 (19).)
* The railways and single-line electric tramway in Greenock and Port-Glasgow all run roughly east and west,
while certain of the streets running up the hill to the south have gradients of one in seven or one in nine. There is thus
little encouragement to builders to secure high and healthy sites. In Port-Glasgow we were informed that these exist
about half a mile from the town and three hundred feet above it. There seems to be a case here for experiment with
alternative forms of traction such as the funicular railways common in Continental towns. (Cf. Hamilton, 29,495 (7),
29,511 ff.; Campbell Smith, 33,053 ff. ; Cook, 33,203 (9), 33,248; Halliday, 33,522 f., 33,573 f. ; Walker Smith,
41,557 (F.G.).)
372 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
98. On the Dalzell estate the factor gave particulars of three feuing districts, in one of which (where
there happen to be existing highways) the income equalled the expenditure in the tenth year of feuing ;
but in the other two districts the income had not equalled the expenditure after fourteen and fifteen years
respectively. " The result for the three districts combined has been that the income was equal to the
expenditure in the thirteenth year." * (G. Fraser, 31,115 (43), 31,220 f., 31,295 ff.)
These statements will give an idea of the difference which may subsist in certain cases between
nominal feu-duties and actual revenue. They also pomt to the great importance of reducing costs of
road-making and other development expenses to the lowest limit.
Additional Burdens — Ground Annuals.
99. Thus the burden of ground rent, as distinct from the rent for the actual structure of the building,
does not begin and end with the feu-duty for the bare site. In every case there are costs of development
to meet before a single stone of the actual building can be laid down ; and in many cases a ground annual
is charged by the builder or some other intermediary over and above the feu-duty payable to the superior
of the ground. This has indeed become a regular means of financing house-building. The builder who
intends neither to hold nor receive rent for his houses but to sell them on completion frequently sets a
comparatively low figure on the house, and trusts for the larger part of his profit to the creation of a ground
annual. " He sells the houses almost at cost, and th"n gets this ground annual, which he sells at twenty
'years' purchase — an operation which at once carries him on to build more houses." (Barclay, 2171 f.)
Or, as the Chief Engineering Inspector of the Local Government Board put it, in reply to the question
whether this did not form practically the whole of the builder's profit — " The builder frequently says
' that, and I believe that in fairly hard times that is the case, his profit is what he can squeeze off the land,
' and he merely gets his full change for a shilling out of his building operations." (Walker Smith, 4219 ;
c/. Paragraph 4213 (32).)
100. Now this procedure has its own advantages — or perhaps it is more accurate to say, had its
advantages before the present cessation of building by private enterprise. On the builder's side, the
advantage was that it provided him with a ready and rapid means of realising his profit and so going on
to further work. It provided the purchaser at the same time with a house for a somewhat lower imme-
diate payment than would have been needed to cover the full trading profits on its construction, while
it added to the deferred liability by increasing the permanent burden. But in spite of these immediate
advantages the system cannot be considered a good one. The fact that part of the normal cost of con-
structioD (i.e. the builder's profit) was imposed in the form of a ground annual must have tended to
increase the nominal value of the site, and hence further to raise ground rents already inflated through
the effect of tenement building at a high density per acre. Thus more than one witness held that the
system should be departed from. (Walker Smith, 4221 ; G. Ross, 33,719 (27).)
101. The one means suggested for meeting this difiiculty was the limitation of the number of houses
to be built on any one acre. This has other advantages, as we shall proceed to show ; but Mr Walker
Smith advocated it definitely on the ground that it would stop the " farming of feu-duties." (Walker
Smith, 4213 (32), 4245.)
Attempted Restrictions op Ground Values By Granting Cheap Feus.
102. Two cases were described in the evidence in which public-spirited proprietors had granted
land at less than the current feuing rate in order to encoiirage the building of good cottages. Fifty years
ago the then proprietor of the Ardgowan estate, Greenock, feued an area of good building land to the
" Greenock Provident Investment Society " at the low rate of £16 per acre. Twenty-eight cottages
were built, after which the scheme came to a standstill and the superior had to take back a considerable
portion of the ground. Subsequently many of the houses changed hands at an enhanced price, and came
to be owned and occupied by those in a higher position in life than the working classes they were in-
tended for. The working men for whose benefit the low rate of feu-duty was granted within a short
time preferred to sell the cottages to ministers, retired tradesmen, and others ; and they apparently
received the difference between £16 an acre and the current market value of the land in the form of an
enhanced value for their houses. Thus a provision in the feu-charter " that it shall not be competent
' to the said trustees or their successors or their disponees to sell or dispone the said piece of ground . . .
'for payment of a higher duty than 2s. per pole (£16 per acre)," by which the superior, Sir M. R. Shaw
Stewart, hoped to keep the houses in the hands of the workmen, proved quite ineffectual. (Shaw
Stewart and Hamilton, 29,495 (11), 29,519 ff.) The feuars did indeed benefit financially, but did not enjoy
the advantage of living in healthy suxroundings which the scheme was designed to secure.
103. The second instance, which took place about twenty-five years ago, was on the Keir estate,
near Dunblane, where, as the result of a petition for lower feu rates for working-men's dwellings, land
for twenty-four houses was given off at £4 an acre. Before long, however, those who secured the land
at this rent began building houses on it and selling them to Glasgow gentlemen for residential purposes.
The scheme then came to an end, and the feuing rate was raised to £8. (Rodger, 29,789, cf. 29,835 f.)
The efforts of these two proprietors are instructive as showing that where gi-ound is feued at a rate below
its market value, the imposition of a ground annual is always possible ; and the lowering of the feu-
duties does not necessarily benefit the actual occupier. They further show the difficulty of attempting
on a small scale to alter the general tendencies of the land market in favour of the tenant of a small house
or cottage. The difficulty consists in the fact that the value of the land feued for cottage-building tends
* In the case of a somewhat steep site in Bathgate, on tlie Edinburgh Merchant Company's estate, out of a nominal
feu-duty of £20 to £22 the real feu-duty amounted to £12, the balance being accounted for by expenditure on roads
(A. L. Reid, 3407 ff.) It is well known that in the first seven years of the Letchworth Garden City there was a steady
loss, and only in the eighth year (1911) did the revenue sufJfico to balance expenditure, chieflj' on development. (Report
of First Garden City, Limited, for 1913).
REPORT. 373
to approximate to the ruling rate in the neighbourhood. There appear to be two ways in which this
difficulty can be overcome — where an area is feued at a low rate to a copartnership tenants' society,
the benefit of the low feu-duty must accrue to the actual tenants. In other cases the only course is to
adopt measures to reduce the value of building-land generally, in which case the difficulty which occurs
in regard to a small area will not be felt.* (Cf. Hamilton, 29,528).
Proportion of Ground Rent and Feu-Duty to Total Rental.
104. It may be well at this stage to cite the opinions of certain representative witnesses as to the
proportion of rental in certain housing schemes actually attributable to ground rent, and also as to the
proportion which may be looked upon as reasonable. In the Hamilton Town Council's housing scheme
the feu-duty is 2s. 6d. per pole (£20 per acre), with a duplicand every twenty-one years. The total feu-
duty is £21, 12s. 6d., or, including the duphcand, less than £23. The rents are fixed on a low scale, £6, 3s.
for single rooms, £8, 16s. for two-room houses — both including taxes ; and the total rental is £183, 17s.
Thus the ground rent equals less than one-seventh of the gross rental ; but it equals only about one-thirteenth
of the total outgoings, which have ranged from £297, 10s. 6d. to £328, 4s. 3d., or one-ninth of the outgoings
if the charge of £100 for sinking fund be left out of account. {Cf. Keith, 1249 (16), with Appendix IV.)
In the Edinburgh Corporation houses, the heading " Feu-duty and Incidentals " accounts for from nil
to 4 per cent, of the gross rental of the buildings in the old town (where, as explained above, the feu-
duties are very low), and from 11 per cent, to 17 per cent, in the newer districts, the average in four pro-
perties being just over 12^ per cent., or one-eighth. The charge for " Taxes and Insurance," on the
other hand, ranges from 20 per cent, to 30 per cent. ; and in every case but one is much more than double
the feu-duty. (Horsburgh Campbell (Supplementary Statement), 41,170 (2).)
105. In regard to Glasgow, figures were submitted by Mr Fyfe, Chief Sanitary Inspector, showing the
weekly rent paid for each 1000 cubic feet in tenements erected by the Corporation and the Glasgow
Workmen's Dwelhngs, Ltd., respectively, for the poorest class (three properties in each case). The
figures were tabulated in 1899, and are based on the high capital value of 30s. per square yard, or £7260
per acre. Computed at 4 per cent., the weekly rents of Corporation dwellings per 1000 cubic feet occupied
were, in pence : —
One-apartment Houses. Two-apartment Houses.
(Three Properties.) (Two Properties.)
Ground rent .... 2-956 4-887 3-869 3-027 4-369
Total rent .... 14-404 18-14 16-399 14-74 18-52
Li the Glasgow Workmen's Dwelling Co.'s properties the figures were : —
One-apartment Houses. Two-apartment Houses.
(Three Properties.) (Three Properties.)
Ground rent. . . . 3-032 4-623 2-945 3-305 3-577 2-3
Total rent .... 17-068 23-089 21-536 18-605 17-871 16-941t
106. It will be observed that the proportion of ground rent to total rent varies from under one-seventh
to over one-fourth, but if similar schemes were being carried out to-day the proportion would certainly
be less, as, while ground rent is a fixed charge, other charges for rates and maintenance have steadily
grown. A further statement in regard to the second group of properties was made by Mr John Mann,
Secretary of the Glasgow Worlauen's Dwellings Company, Ltd., to the effect that if the ground on
which their houses were built had cost nothing " the possible reduction in the rent would be 2|d. per week
' on a two-room house." (Mann, 21,323.) It should be noted that the ground was actually obtained for
20s. per square yard, instead of the uniform figure of 30s., upon which Mr Fyfe's table is based. (See
Some Experiments in Housing, 1901, p. 28.)
107. Turning to buildings erected by private builders, two witnesses of wide experience in Glasgow
analysed the different constituents of typical rentals. The first dealt with dwelhngs of two apartments
and a bathroom in a modem tenement property, in which, out of a total rental including rates of £19, 17s.
per house, ground rent only amounted to £1, 2s., as compared with £3, 8s. 6d. for management, repairs,
empties, etc., and £5, 17s. lOd. for rates. (Mactaggart, 22,847 (47)-(49). As the property in question is
modem, the Government valuation of site presumably is closely related to the actual ground rent.) The
other witness gave particulars of two older tenement blocks, in which the ground rent per apartment
amounted to 4s. 6d. out of £8, 15s. 8d. (total rent per apartment, including rates) in one case, and 12s. 4d.
out of £7, 7s. in the other. (W. Eraser, 38,076 (18).) The same witness gave an analysis of the " rental
per apartment in seventy-three tenement properties erected about 1908 in Glasgow and suburbs, average
number of rooms 2-5 ; average rent per apartment, £6, 15s. yearly, or 2s. 7d. weekly." Actual ground
rent per apartment 9s. 9d. yearly, or 2|d. weekly. In the seventy-three properties referred to, 2|d. per
week per apartment for ground rent is equal to one-fourteenth of the total rent, and compares with 3}d.
iox owners' rates and 4|d. for upkeep, management, insurance, etc. (Appendix CXXXIL, Table V.)
108. From the figures cited above, it is clear that the proportion of ground rent to total rent varies
within wide limits, i.e. from about one-fourth to one-twentieth, or, in some cases, less. (See a statement
regarding the latter proportion in Galashiels, Rutherford, 17,006 f.)
109. Turning now to the question of ground rents which may be considered reasonable, the Secretary
of the Edinburgh Garden City and Town Planning Association, said : " You cannot get more than
'about one-eighth of your rental in feu-duty," though he admitted that in some circumstances the pro-
portion might rise to one-sixth — a proportion also named by the Chief Engineering Inspector of the Local
Government Board. (Walker Smith, 4245 ; Roxburgh, 19,520.) The proportion of one-sixth was also
* A similar difficulty was found in the earlier stages of the Liverpool Corporation housing work, when land was
sold at the low price of 2s. 6d. per yard to private builders in order to enable houses for the poorest class to be provided
at suitable rents. It was, however, found that the benefit went not to the tenant but to the builder. (Turton, 24,771-3).)
t These figures are taken from Fyfe, Appendix LXVII.
374 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
named as a maximum by a large Glasgow builder (Mickel, 21,893 (14).) As we have seen, this proportion
is exceeded in certain properties built on expensive sites in the central parts of Glasgow, and in tenement
properties such as those in Clydebank, where a heavy ground annual has been added to the original feu ;
but in such cases the burden is clearly too heavy from the business as well as the hygienic standpoint.
On the other hand, the Burgh Surveyor of Galashiels referred to an annual charge for ground rent of 10s.
to £1 per tenant as excessive. (Thomson, 16,783 (14), 16,816.)
110. In the cities the general opinion of witnesses appeared to be that 15s. to 25s. per house is a suffi-
cient sum for ground rent in the case of a small house ; that this figure is not uncommon in the large
centres ; and that it is not advisable that it should be exceeded. (Horsburgh Campbell, 18,745 (69) ;
M'Kellar, 22,737 ; and references above.)
High Site Values as a Hindrance to Building.
111. The facts given above form the justification of the statement that the price of land has not been
the first or second factor in retarding and hindering the provision of workmen's houses at cheap rates.
The Architectural Inspector of the Local Government Board, and the representative of the Convention
of Burghs, both stated that, while cheap land was of gre^t importance for housing, high feu-duties could
not be taken as the chief cause which had checked the building of working-class houses. (Wilson, 4104 ;
Keith, 1249 (9) f., 1410.) The two witnesses differed in the cause which they considered to be the chief
preventative of cheap housing, as Mr Wilson (who distinctly stated that he considered £40 per acre too
high a rate) laid special stress on the rise in the cost of building, while ex-Provost Keith referred
particularly to the burden of rates. What the other leading causes are we have already seen (Chapter I.) ;
but it is sufficient to record our judgment here that, even before the war, the land question did not come
first, but that, in ex-Provost Keith's words, while the problem is aggravated by dear land, " it is there
' even if we get the land for nothing." At the same time, we are fully alive to the fact that, at a time
when the rapid rise of building costs, the steady increase of rates, and the impossibility of obtaining loans
on the old terms all conspired to handicap building, even a relatively small additional burden in the shape
of dear land may have proved the proverbial last straw. Nor can any factor be reckoned unimportant
which adds even 3d. a week to the cost of a cottage. Yet the fact remains that, in most cases, the direct
burden of feu-duty does not exceed one-eighth or even one-tenth of the gross rental, including rates.
The exceptions, which are numerous in the three largest cities, are to be found chiefly in new, or compara-
tively new, tenement properties, or in the case of expensive central sites in Glasgow and elsewhere.
Tenement-Building and Site Values.
112. If, then, high feuing-rates do not exert the chief direct action in raising house rents, can it be said
that the question of land values is of minor importance, or may it have a very serious indirect effect ?
This question is closely related to the other question already suggested — What is the relation between
tenement-building and excessive site values ?
113. This is one of the few questions in regard to which the Commission met with an almost unani-
mous opinion. The answer given was that the relation was reciprocal. The high land values which have
become customary in the larger Scottish towns keep the tenement system in being, but it is not less true,
and even more significant, that it is the tenement system which originally produced that scale of values.
As one witness put it, we are involved in " a vicious circle. The price of knd makes tenements necessary,
and that, in course, raises the price of land." (Eunson, 18,201. Cf. the statement of the Secretary of
the Edinburgh Garden City Association, Roxburgh, 19,451a (17) ; also Walker Smith, 4243 f. ; Eunson,
18,198 ; Horsburgh Campbell, 18,745 (69) ; Hamilton, 29,525.) Thus the system of high block dwellings
is found along with, and may confidently be taken as, a principal cause of high ground values.* (Cf.
Walker Smith, 4245; also Horsburgh Campbell, 18,745 (69); Roxburgh, 19,495 f.) That the reverse
relation— -the opposite section of the vicious eircle — ^also exists is proved by the fact that, in central London,
almost alone of English cities, excessive ground values have forced the London County Council, the Pea-
body Trust, and other bodies, to erect five-storey tenements.
Limitation of Building Density and its Effects.
114. From this conclusion that the tenement is both cause and effect of high ground values, but even
more the former than the latter, an important practical deduction follows. It is that site values may be
reduced by ehminating tenements, or, more generally, by reducing the number of houses per acre. The
powers to do so are given in the Housing, Town Planning Act of 1909, Fifth Schedule, and a witness of
experience spoke of the general application of this power as the necessary preliminary to all housing reform.
Such a limitation must set up a new standard of land values, as, instead of land around the cities being
valued on the assumption that sixty or eighty houses may be placed on an acre, " it will be valued, as it
' should be, on the assumption that in no circumstances can more than thirty houses per acre be placed
' upon it. Another result of such a fixed maximum is that it will be possible for development with two-
' storey houses to compete with tenements. At present it cannot do so." (Roxburgh, 19,451a (20)-(22) ;
cf. Wilson, 4141 f. ; M'Kellar, 22,743.) Thus the economic argument for a reduction of building density
is that, by making " land sweating " impossible for the future, it will automatically and effectively reduce
inflated land values.
115. It is, however, important to note that the benefit from this proposal would not reach the tenant
in the form of hard cash. If the number of houses per acre were reduced to ten or twelve, and the unde-
veloped land were obtained at £10 per acre, he would still be paying, as he commonly does at present,
from 16s. 8d. to £1 per annum for the occupancy of the bare site of his house. So also, if the limit were
* The effect of large block dwellings in inflating site values has been very marked in Germany. (Roxburgh, 19,479 ;
cf. T. C. Horsfall, The Improvement of the Dwellings and Surroundings of the People, pp. 54-57 ; Report of Birmingham
Deputation to Germany, p. 15.)
REPORT. 375
twenty or twenty-four houses per acre, and the feu-duty £20, the tenant would pay as much as most
tenants do at present ; but, on the other hand, he would be getting far more for his money, not only in
the extent of the site occupied, and in the possibility of improving his health and real income by culti-
vating a small garden-plot, but also in access to light and air for himself, and, what is of greater conse-
quence, for his children. Light and air are free gifts of Nature ; but it is none the less true that by ex-
cessive building density, the comraimity has effectively prevented a very large proportion of its members
and their children from obtaining their due share of either.
116. This is, in effect, the answer to the second question proposed above, whether the indirect loss
to the house occupier through the high price of land may not be very serious, even though it is established
that the charge for ground rent forms a comparatively small fraction of the typical rent. It is this in-
direct result that gives rise to the most serious criticism of the present system. There are, indeed, certain
cases, some of which have been noted above, in which the proportion of rental chargeable to site value
is obviously extravagant. But the question is not disposed of if it is pointed out that these are exceptions ;
for the real trouble is that the tenant who pays in the form of ground rent only a very small proportion
of his income, receives so httle for what he does pay. (This is clearly stated by the Chief Engineering
Lispector to the Local Government Board, Walker Smith, 4213 (33), 4245.) One benefit he does receive,
that of nearness to his work (and, incidentally, to his amusements as well) ; but, as against this, there
is the loss to consider of fresh air, of sunlight, of elbow-room and privacy — -factors in hfe which, however
much or httle they may afiect the wage-earner, are of vital importance to the mothers and children of the
nation. Thus the end to be kept in view is not so much the general reduction in the tenant's expenditure
in respect of feu-duty or ground rent (though in certain cases this may be most necessary), as the obtain-
ing of better value for this expenditure ; " better value " being understood as including a more spacious
home, and one less surrounded and overshadowed by its neighbours than the average city flat.
117. Thus it is possible to reconcile the two statements — ^both strongly supported, but at first sight
contradictory — that the tenement system in Scotland has led to many of the poorer wage-earners being
housed on land on which the ground rents are excessive and burdensome, and that the cost of land is only
a relatively small element in rental in the majority of cases. The explanation of the apparent contra-
diction hes in this — -that the question is not only one of the shilUngs and pence actually paid by the
tenant as ground rent, but more especially how far he receives an adequate return in house room and other
utihties for what he pays.
The Future Problems Implied in Excessive Ground Rents.
118. The fact has been strongly impressed upon us that the steady rise of feu-duties, to a maximum
reached about the end of last century, has made inevitable very serious difficulties in the future. The
older feus in Edinburgh, and in many other burghs, were moderate, or in some cases negligible ; and the
worst slum properties which are ripe for demolition or radical reconstruction to-day are not in most cases
burdened with heavy feu-duties. But the next generation will be faced with the problem of deahng with
congested properties and areas, which, by that time, will have reached the slum condition, burdened
with the exceedingly high feus already named. Thus the problem of the future will, in this respect, be
more difficult than that of to-day. Indeed, in one case visited by the Commission (that of the area in
Dundee where feu-duties are highest, the " Glebe Lands "), the dwellings are rapidly reaching the slum
level. In this case the high feu-duty has been secured by crowding a mass of high tenement buildings
on a steep and somewhat awkward site, with the result that many of the lower windows have insufficient
hght, and the better class of tenant will increasingly look for quarters elsewhere. In Edinburgh the highest
feu -duties appear to be those charged by two large educational trusts, one of which is occxipied in addition
with the promotion of temperance. Had these respectable, and presumably intelhgent, bodies been pos-
sessed of any considerable foresight they would have seen that by placing such heavy burdens on the
provision of small houses, they were actively promoting the creation of these very conditions against which
educationists and temperance reformers have continually to struggle, and often struggle at a fatal dis-
advantage. For, where the proportion of ground rent to total rental passes a certain figure — ^and certainly
where ground rents exceed £150 per acre — the tenant is obhged to stint himself and his family in house
room, while the landlord finds it difficult to find money for ordinary repairs, and impossible to provide
improvements to meet the rising standard of sanitary science. Thus the descent to the Avemus of slum-
dom becomes not only easy, but inevitable, and the best-intentioned of educational trusts may find it
too hard a task to raise their unfortunate tenants again to the upper hght.
119. This prospect of the rapid deterioration of the buildings on very costly sites raises a grave ques-
tion as to whether the security for feu-duties, when they pass a certain height, is so absolute as has usually
been supposed. Even if no definite interference with the original contract be thought of, it seems pro-
bable that a portion of the ultimate loss will fall in part on the superior, the feuar having first lost every-
thing. This point is reached as soon as the annual rental of the buildings, after deduction of repairs,
taxes, and sums needed to meet the demands of the Local Authority for necessary improvements, falls
to the level of th& ground rent. (That this point is not so far off as might be thought is suggested by the
Burgh Surveyor of Clydebank, G. Ross, 33,719 (20) ff., 33,765 ; c/. Majority Report, Paragraph 1734 ;
also Horsburgh Campbell, 19,050 ff. ; MacLaren, 35,409 ff.) This certainly forms a grave warning against
continuing to build at such a density, and on land so heavily burdened as was not uncommonly done in
the closing period of the nineteenth century.
(B) Acquisition and Control of Building Land.
1. Extent of Existing Powers.
120. A full account has already been given in the Majority Report (Chapters V. and XXIV.) of the
present state of the law regarding the acquisition of land, so there is no need for us to describe the com-
pulsory powers possessed by public authorities, and also frequently granted to railway companies and
376 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
other bodies performing necessary public services. But so far the private builder, who has provided a
proportion of the small houses of the country which some authorities estimate as amounting to 99 per
cent., has been dependent on his unassisted powers of bargaining to secure building sites ; and the same
holds true of the manufacturer who may wish to build or enlarge a factory. As a matter of fact, these
individuals have probably, in most cases, obtained the use of land required on better terms than public
and representative bodies, in spite of the formidable compulsory powers possessed by the latter. For
the general price of land in a locality, or the prevalent feuing rate, has been taken as the basis on which
the price is computed in cases of compulsory purchase, and the Local Authority does not, as a rule, get
the benefit of any doubt that may exist as to the true value of the land. Yet, while the law of supply
and demand may have secured access for the individual builder to the land which he needs in the great
majority of cases, we agree that he has often had to pay an excessive price ; while in some instances,
particularly in the smaller towns where there is a land monoply, unreasonable restrictions are imposed on
building — restrictions which, in extreme cases, may for a time prevent the erection of cottages altogether.
But, imless the whole industry of the country, as well as the provision of all small houses, is to be under-
taken by public authorities, or large public companies armed with extensive compulsory powers, it
can hardly be denied that it is a matter of public importance that no individual or company proposing
to build sanitary houses or erect works which will bring healthy employment to the locality in question
should be prevented from doing so by the impossibility of securing a site at a moderate figure. Thus,
together with the question as to the best lines on which the powers of public bodies for the compulsory
acquisition of land should be developed, there is a further question which has received less atten-
tion from Parliament in the past, viz. — How can private enterprise be given a fuller guarantee for the
acquisition of sites for necessary purposes, of which house-building is probably the most urgent at
present ?
"Two Types of Land" to be Acquired.
12L It is also, we hold, important to establish a broad distinction between two different cases in
which compulsory powers may be requisite for the acquisition of land. The first is that of land covered
already by houses which, through congestion or dilapidation, or both, have reached -the stage at which
an improvement scheme or reconstruction scheme becomes necessary, and the powers granted in Parts I.
and II. of the Housing Act, 1890, as amended in 1909, must be brought into play. In this case the site
has an undoubted importance, but the first concern of the authority carrying out the scheme is the
removal or complete renovation of existing buildings, the value of the groimd on which they stand being
a somewhat secondary consideration. The other case is that of land which has hitherto been used for
agricultural or for some similar purpose, and which may thus be considered undeveloped or, from the
point of view of housing, as virgin land. In the great majority of cases there will indeed be certain
buildings upon it, but they may only amormt to a steading and a group of cottages on land fitted to carry
many himdreds of houses ; thus, in this case, the value of existing buildings or developments is of minor
importance compared with that of the land itself.
122. It is true that there are many intermediate stages between the extremes indicated ; and this
probably accounts for the fact that the tendency of the legislation already referred to has been to con-
sider " land " as including all erections upon it. It has been definitely laid down that the expression
" land " includes, unless the contrary intention appears, " messuages, tenements, hereditaments, houses
' and building of any tenure." (Interpretation Act, 1899, section (3) ; c/. PubHc Health Act, 1897,
section 3 ; Patten Macdougal and Murray, Handbook of Public Health, p. 4 f.) But there appears to
be a clear distinction between the demolition or radical improvement of slum property imder the Housing
Acts and the acquisition of imdeveloped land for house-building or public works where the site itself
forms the chief element of value. In regard to operations of the former class we agree in the main with
the recommendation of our colleagues. But in regard to the provision of the extension of existing towns
onto new territory, or the formation of new centres of population where changes of industry may make
this necessary, we feel it needful to set out our views at somewhat gi-eater length. Before doing so,
however, we may point out that wherever new and improved housing can be provided on a considerable
scale in the outskirts of our cities, the resulting movement of population tends of itself to reduce con-
gestion in the central districts of the cities and hence, by lessening the demand for slum property, facilitates
the task of acquiring and closing such old and insanitary properties.
Two Possible Likes of Advance.
123. There are two main policies in the field to meet the need for a cheaper and more abimdant
supply of fresh building land. One approaches the end indirectly, and its advocates contend that, if
certain legislative or administrative changes are made, economic tendencies will be set in motion which
will automatically bring down the value of building land to a reasonable level. The other distrusts
the eSicacy of all indirect measures, and argues for the direct control of the price of land by governmental
action. We consider these in order, but in so doing it is important to have in mind at least an approxi-
mate idea of the figure to be aimed at as constituting a reasonable price for undeveloped building land.
On this point we cannot do better than quote three representative estimates. The Secretary of the
Edinburgh and East of Scotland Garden Cities Association indicated that he considered £5 per acre as
the ideal feu-duty. On a scheme covering 300 acres an extra £5, though it might not seem a serious
addition, would involve an extra capital outlay of £30,000, and so might easily make the difference between
financial success and failure. This witness mentioned £200 per acre, or a feu-duty of £10 for undeveloped
land as the outside figure for cottage development, and stated that £25 per acre could only be paid where
there is a street frontage on which shops could be placed. (Roxburgh, 19,473.) The chairman of
Harbome Tenants, Ltd., named " £120 per gross acre for land in the rough," or a feu-duty of from £5
to £6, as a reasonable figure for cottage development. (Nettlef old, 42,753 (3), 42,762.) The Architectural
REPORT. 377
Inspector of the Local Government Board gave it as his opinion that a feu -duty of £14 per acre would
allow the building of double-flatted cottages.* These estimates, all based on wide experience, point to
the conclusion that, if cottages with gardens are to be erected, undeveloped land must be obtained at
under £10 per acre ; while a higher figure will either prevent the provision of individual gardens or will
necessitate the erection of double-flatted cottages or three-storey tenements.
Reduction of the Price op Building Land by Indirect Methods.
124. We have already, in Paragraphs 101 and 114, drawn attention to the opinion of competent
witnesses that the price of building-land can be brought down to a reasonable level by the steady applica-
tion of town-planning methods. If, however, this is to be effected, an advance must be made along at
least two lines, viz. : —
(1) Limitation of building density.
(2) Improvement of the means of transit.
A third suggestion, which we consider valuable and important, is that for the
(3) Purchase of land by Local Authorities in advance of immediate building requirements.
After dealing with these, we propose to add certain observations on the proposal for the taxation of
site values in its bearing on this subject.
(1) Limitation of Building Density.
125. This point and the next are dealt with in Chapter III. on " Transit and Town Planning," but it
is necessary here to point out their bearing on the cost of land. It may perhaps be argued that any drastic
limitation of the number of houses per acre implies a hardship for the landlord who has counted on feuing
his land at a rate suitable for unrestricted building ; but we do not consider this hardship can weigh
against the advantages already mentioned, although, in cases where expenses of development have
already been incurred, or contracts entered into on the expectation of a high number of dwellings per
acre being allowed, some relaxation of the restrictions might be necessary. As a matter of fact, there
is reason to beheve that in many cases the large increment resulting from excessive feu-duties has been
reaped, not by the original superior, but by some intermediary who has come in to purchase and develop
the land, breaking it up into small building sections. (Ross Young, 43,350 ; r/. section on Ground Annuals
above. Mr Vivian gives a similar account of EngUsh experience (40,630).) It was also demonstrated
that in all ordinary cases the landlord will lose Uttle or nothing by the restriction on the number of houses
to be placed on his gro\md. For the increase in the area of the land required to accommodate a given
population will be in exact proportion to the decrease of the number housed on any one acre, and in the
feuing value of that acre. In other words, while the rate per acre will fall, the rapidity of development
will rise in the same proportion. Of coiu"se, there are cases where a proprietor owns only a small area,
and where it may be to his interest to crowd as many houses upon it as possible, but in all other cases
the rapidity and the extent of the return under town-planning conditions will go far to balance the fall
in the feuing rate. {Cf. Paragraph 153 below.) As to the method to be followed in bringing such limita-
tion into force, we are in general agreement with our colleagues (Majority Report, Chapters VIII. and
XXVIL).
(2) Transit.
126. The bearing of transit on the price of land is obvious. In industrial districts the congestion
of the areas where the working classes live is due largely to the need to be near their work. But " near-
' ness " is to be estimated rather in time than in actual distance ; and if provision can be made to bring
workers in from the suburbs quickly and cheaply, the pressure on the areas immediately surrounding
the commercial or manufacturing portion of any of our great cities will be very considerably reduced.
At the sSme time, land values in the centre, so far as they are determined by housing needs, will naturally
tend to fall, though this fall will be compensated by a rise in the newly developed districts. Thus
instead of excessive land values within the city falhng sharply at its margin to agricultural value,
there will tend to be a levelhng down in the former and a levelling up in the latter ; but tlie process of
levelling up will not raise values to the extravagant heights hitherto experienced, because more land
will be made available for buildings — the total area of development will be increased — and so the
tendency to high monopoly values will be counteracted.
127. At the same time, as several witnesses pointed out, it is essential that town planning should
precede the development of tramways or other means of rapid transit. Otherwise the old conditions
of congestion and inflated values will tend to recur in the areas newly opened up along the tramway
routes. This has been the case in Scotland already ; since in many instances the opening of a new tram-
way line or suburban station has led to the erection of high tenement buildings in what was formerly
the open country. But it has been amply shown above that tenements tend to inflate land values, and
thus the expenditure of the railway or tramway company or corporation, which has provided the improved
means of transit, has benefited the rural proprietor by enabliag him to reap a large imeamed increment
for his land. It is true that a substantial part of this increment will in the future be annexed by the
State, but this does not promote cheap housing ; so it would be a much wiser policy to prevent this
increment from arising, by limiting the density of building before a new means of transit is provided,
* Wilson, 43,868. This result may be tested in the light of the opinion quoted in Paragraph 109 above, that
ground rent ought not to form more than one-eighth of the total rental of a dwelling. If we assume that cottages built
in the immediate future will commonly have rentals of from £12 to £16, and that they will be built not more than twelve
to the acre, this gives a maximum ground rental for fully developed land of £18 to £24 per acre. As the interest on the
cost of development can hardly be less than £10 per acre, it will be seen that the estimates just given are sufficiently
accurate. If, however, only ten houses are placed on an acre, and the ground rent is limited to thirty shillings per house
(which seems a sufficiently high figure), the possible feu-duty for undeveloped land is brought out at Mr Roxburgh's
figure of £5.
378 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
and so seeming that the expenditure of pubHc capital benefits the occupiers by bringing within their
reach a more spacious and healthier home for the same expenditure on ground rent.*
128. If this policy is followed, we do not consider that it will be necessary in the great majority of
cases to take frnther steps to prevent the owners of land from benefiting imduly by expenditure on
more rapid means of communication. But, if such further steps are in some cases foimd necessary,
powers have been given to Local Authorities carrying out town-planning schemes to recover from any
person whose property is increased in value by the scheme one-half of the amount of that increase.
(Housing, etc., Act, 1909, section 58 (3).) The same principle might be applied in the case of an extension
of mmiicipal tramways or other means of pubhc conveyance. But there is a certain difficulty of applying
this principle of betterment, as it is not always easy to say where the increased value begins and ends,
or how far it has been brought into existence by any one factor. Thus the simpler plan is for the pro-
moters of the scheme to make it a condition of their carrying their line of transit through any particular
estate that the line required should be given in whole or in part free of charge. (G. M. Stuart, 19,619.
This has been voluntarily done in certain instances. Brodie, 41,857 (15) ; Dalrymple, 42,092 (18).)
129. It should, at the same time, be remembered that while values in a newly opened up district,
considered as a whole, are practically certain to rise, it is also possible that individual sites may depreciate
at the same time. The manager of the Paisley Tramways went so far as to say that " house rents
' on the hne of route within a variable distance of the centre of a town usually rise after the line is laid
' down, but shop rents in the same area invariably go down " — ^the reason being that purchasers use
the new means of communication to reach the larger shops and stores in the centre of the town or city,
and hence shopkeepers in the suburbs are apt to suffer. (Coutts, 42,024 (8).) |
130. It thus appears to us to be clear that, in the development of rapid means of transit, we have
an important potential agent for the reduction of inflated and excessive site values. But it is no less
clear that this result may be nullified unless measures for the control of site values on other lines have
been taken before the improved transit is actually provided. In other words, town-plamiing restrictions
must precede the opening up of new passenger routes ; and if the recommendation which we also make
below for increased facihties to Local Authorities to pm'chase building gromid in advance of immediate
requirements is given effect to, it should, in the majority of cases, also come before the improvement of
communication from the city to its outskirts.
(3) Purchase of Land by Local Authorities in Advance of Immediate Requirements.
131. The powers granted by the Housing Acts of 1890, 1900, and 1909 to Local Authorities for the
purchase of land suitable for building schemes are very considerable. J Local Authorities can now
acquire land either by agreement or compulsorily within or without their own area. They can either
use land so acquired for building schemes of their own, or they can lease the land to other bodies who may
carry out the actual building, and in either case they can either themselves lay out, or contribute towards
the cost of, any streets or roads on such land which are to be dedicated to the public uso.§ At the same
time, these powers have been construed in a somewhat limited sense ; e.g. the power to lease sites on
municipal housing estates for development by private and semi-private enterprise has been limited in
practice by the rule that all such sites should be restricted to use for working-class houses alone. This
tends to perpetuate the separation of dwellings occupied by different classes of the community into
distinct districts, and represents a policy which some of the best authorities of the present day are anxious
to see reversed.^ It is also stated that the valuable power given in the 1909 Act, section 60, for the
purchase of any land comprised in a town-planning scheme has, in England at least, been largely
rendered nugatory by the interpretation that it only applies to a scheme which is already in existence ;
whereas the whole point of purchase in advance is that the Local Authority should come in at an early
stage, and so acquire land at or very near its agricultural value.||
132. These powers for the voluntary purchase of land with a view to its future use as the com
munity develops have actually been exercised by several municipalities both in England and Scotland.
The chief example in England is that of Liverpool, which derives a revenue of nearly £85,000 from its
municipal estates. The action of the Liverpool Corporation in this respect has been taken under a special
clause in a private Act of Parliament, which has been found very useful in enabling land to be bought
when favourable opportunities presented themselves for purchase at a low rate.* In Sheffield and
Birmingham similar action has been taken, and the small but interesting experiment at Hereford has
already been referred to by the Majority.f In Scotland also, where there is a common good and the
Local Authority consequently can lay out capital without requiring to obtain special borrowing powers,
the same possibility exists, and we are informed that it has been used' with advantage in the burgh of
Hamilton-!
133. There was a strong preponderance of opinion in favour of extending the powers of munici-
palities in this direction and of encouraging their more frequent application. Those who recommended
this procedure did so on several grounds. It has, as we have just seen, been justified by success in some
* Walker Smith,4213 (18), (70), 4271; Roxburgh, 19,451 A. (19), (26); Vivian, 40,629 f. ; Brodie, 41,889; Nettlefold,
42,753 (18), 42,779. The manager of the Glasgow Corporation Tramways admitted that it would be in accordance with
the immediate interest of the company providing the improved means of transit that a large number of houses should
be placed on each acre. (Dalrymple, 42,227 f . ) This sho^ys that if a restriction is to be enforced it should be done before
and not after the new means of transit are provided.
■f A parallel case may occur in connection with slum demolition. In the GaUowgate improvement scheme, Aberdeen,
the houses on the margin were greatly improved as regards light and air, but we were informed that rents had fallen,
08 the shops on the street level were forced to close by the removal of most of their customers.
J These are conveniently summarised by Mr Aldridge, App. CLXIX. to Evidence.
§ The chief of these powers are contained in 1890 Act, sect. 57 ; 1900 Act, sects. 1, 5 ; 1909 Act, sects. 6, 60.
"i[ Aldridge, 41, 800, App. CLXIX. (8, 9). Report of Birmingham Special Enquiry Committee, 1914, p. 15.
II Nettlefold, 42, 822 f.
• Kyffin-Taylor, 24,337 ff., 24,378 f. ; Turton, 24,741-3 ; Brodie, 41,936 ff. ; Aldridge, App. CLXIX. (26).
t Chapter XXVI.
j Wilson, 44,039 ; cf. Walker Smith, 41,557 (72).
REPORT. 379
instances in Britain, while in continental countries it has been found of great value.* The chief ad-
vantages claimed are three, (a) The Local Authority can exercise a more direct control over the develop-
ment of areas in its own possession than of those where the land is privately owned ; and they can in this
way do more to foster a harmonious type of development than if they are simply in the position of
enforcing restrictions on superiors and feuars. (6) They can provide cheap land for industrial develop-
ments as well as for houses for working men. (c) By so doing they may be able indirectly to
regulate the whole level of feu-duties within their areas by setting a reasonable standard.f The last
advantage is of special importance, for if sites on well-developed land, at points not too far from a tram-
way or motor-bus route or a suburban station, can be obtained from the mimicipality at a moderate
ground rent, it is obvious that the operations of land speculators in other quarters will suffer a sharp check.
134. Another point of considerable importance is that recent experience points to the wisdom of
dividing the work of the estate-developer from that of the actual house-provider. The work of planning
and development can best be done comprehensively and on a somewhat large scale ; whereas smaller
bodies, such as copartnership or building societies, have in some ways an advantage in the building,
and still more in the subsequent management, of the houses. The latter task calls for care of and
variety in detail, and for an individual knowledge of the families for whom the houses are provided.
Thus we find such a division of function at Letchworth, where First Garden City, Ltd., are the holders
and developers of the estate, while the houses are provided by several smaller societies. J Somewhat
similar arrangements have been in force in Bournville and elsewhere. §
135. Thus there is ample experience on the side of an arrangement of this kind, and in many cases
the Local Authority will have great advantages in undertaking this preparatory work, on which so much
of the success of the actual housing depends. But, if it is to provide cheap and well-developed sites,
it must acquu-e the ground cheaply at the outset ; i.e. it must be able to come in as a purchaser in the
open market, and as a purchaser that can afford to wait for a favourable opportunity.
136. On the other hand, it may be said that the entrance of Local Authorities into the somewhat
uncertain business of land purchase and development may only lead to graver evils of another kind.
Undoubtedly if such powers were granted without restriction it would not be impossible for private
interests to influence the action of the Local Authority in undesirable ways ; but several of the most
competent witnesses who gave evidence on the point were satisfied that suitable safeguards could be
introduced. The first and most important is that the price paid by the Local Authority should be
moderate ; and it would be advisable for some supervising authority, presumably the Local Govern-
ment Board, to be satisfied that a case had been made out for the purchase of a particular estate and
that the price named was in all respects reasonable. It was even suggested that the price paid might
be so Umited as to allow of the land's bringing in an ordinary return, including sinking fund, within a
short term of years ;|| but we doubt whether in the case of agricultural land this is possible, even though
the purchase price be decidedly moderate. For the selling value of an agricultural estate is constantly
higher than the capitalised letting value ; and, while the rental would accrue to the Local Authority
during the period before the development began, it would not in all cases be sufficient to provide
ordinary interest and sinking fund. Still, without enforcing this suggestion as a rigid rule, the con-
firming authority could, we consider, demand proof that any temporary loss involved would not be
serious, and would be more than recouped by the ultimate return.
137. It would also be necessary to restrict the right of sale, in order to prevent the risk of specula-
tion at the other end. The Local Authority should, except La very special cases, continue to hold the
land, maintaining its rights as superior. Otherwise the purchaser from the Local Authority might simply
buy for a rise, and thus speculation in its worst form would come into play. In this connection it is
vital that the Local Authority should have the right of pre-emption at the original value (less deprecia-
tion) Qver all houses on its estate which the owner might desire to part with, as this has been found in
practice to form an essential element in the control of land values.]} It was also suggested by the City
Engineer of Dundee that the price at which the land should be disposed of might be stringently regulated,*
but if the density of housing is hmited in the way already suggested, probably little further regulation
would be nedeed. We hold, however, that it would be needful to restrict these special powers to Local
Authorities which have sufficient resources to employ capable and independent officials.f We should
suggest a minimum population of 20,000 as a suitable figure.
138. The other objection raised is that already noticed in the case of private estate development —
the extreme uncertainty of the exact course of feuing. It was pointed out that in a town such as
Greenock, where periods of great commercial and business activity are followed by times of acute de-
pression, expenditure on land development may fail to bring in anything like an immediate return. In
this case not only the purchase price of the estate but sums expended on street-making, etc., might be
locked up for years to the disadvantage of the ratepayers.J This is a danger which cannot wholly
be avoided; but it may be minimised by foresight and caution in avoiding street or tramway
development too far in advance of building requirements.§ It must, however, be borne in mind that
the exercise of town-planning powers along the two chief lines already indicated will in future give
Local Authorities .a much greater degree of control over the development of their areas than they have
possessed in the past.
139. Under the conditions and with the safeguards just indicated, we hold that full powers should
* See the full statements in the Report of Special Enquiry Committee of Birmingham City Council, p. 17 ; and J.
Wilson, Appendix CXCVIII.
t Walker Smith, 41,557 (76), 41,743 ; Aldridge, 41,794 ff. ; Jack, 43,280.
j " First Garden City, Limited," Annual Reports.
§ Cadbury and Barlow, 25,046 f. ; Vivian, 40,690 ; Aldridge, 41,794.
II Walker Smith, 41,557 (78).
f Walker Smith, too. cit. ; Aldridge, 41,796, 41,801.
* Thomson, 35,801.
t Vivian, 40,630 ; and c/. pars. 518-20 below,
i Shaw Stewart, 29,552.
§ Cf Brodie, 41,857 (9).
380 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
be given to the larger Local Authorities for the purchase of land in the open market when favourable
opportunities occur ; and that, if this power is judiciously exercised, it will, along with the other benefits
mentioned, have a very considerable effect in steadying the price of sites for building and improvements
in general.
Taxation of Site Values.
140. We hold that the three methods already indicated will, if applied in conjimction, effect a
drastic reduction in site values in the outskirts of our cities, and will do this naturally without the applica-
tion of any further measiire of a more controversial character. Of these three proposals, the limitation
of building density is the most important in its effect on site values, and should in point of time be
applied first for the reasons already indicated. At the same time, we cannot overlook the fact that the
rating of site values is advocated by some authorities as an alternative, by others as supplementary, to
the measures already suggested. We may distinguish the argument for this proposal as a measure of
rating reform, from the contention of its supporters that it wpuld in itself do much to regulate the price
of land and to diminish excessive values. It is with the latter contention that we are concerned here.
We do not indeed propose to treat it fully, since it falls within the remit of the Departmental Committee
on Local Taxation, which has already issued its final report for England and Wales,* and which will,
we trust, soon be in a position to do the same for Scotland. But certain aspects of the proposal which
bear on our present subject need to be indicated.
141. In the first place, we may note that the attempt to reduce the price of land by taxation has
already been made in the " Undeveloped Land Duty " to which we have referred above (Paragraph 69).
As regards the proposal for rating land values, the total effect is difficult to estimate. Directly, it places
a new burden on land. It must also, in the absence of counteracting causes, tend to produce an in-
creased density of building and to discourage the provision of open spaces, whether of a public character
or gardens attached to individual houses. It thus tends to produce a conflict between the Public Health
Authority, whose chief aim is the thinning out of building and the securing of fresh air and open spaces,
and the Inland Revenue Authorities, who " are endeavouring after the fullest possible use of the whole
' area for building."| The argument of the supporters of the rating of site values is that, by forcing many
" weak holders " to sell, its indirect effect would be to lower the price of land ; but there is some un-
certainty whether land so brought into the market will reach the right use, as it may merely fall into the
hands of speculators. J
142. There is thus at least a prima fade conflict between this policy and that which we have en-
deavoured to draw out in the preceding 8ections.§ There is, indeed, no reason why town-planning
restrictions should not accompany its enforcement and counteract its possible bad effects in encouraging
congestion ; and it was urged by Mr Nettlefold (a strong supporter of the rating of site values) that it
must be accompanied, or rather preceded, by suitable restrictions. || On the whole, we are inclined to
endorse the judgment of the representatives of the Edinburgh Garden Cities Association that the direct
effect of site taxation would be prejudicial to open development, and that the policy already advocated,
of " restricting the number of houses per acre, would prevent the inflation of ground rents instead of
' taking a share of them " ; but that, if the rating or taxation of site values is applied with the end clearly
in view that overdense building should be discouraged, the above objections might be largely surmounted.
This might be done by freeing the proprietor who is willing to feu at £10 or under from this duty, and
putting a progressive tax upon land feued at higher rates ; while a further step would be to say that the
proprietor should get credit for all open spaces in a permanent scheme in his payment of the tax on the
remainder of his property.^ A further requisite is that, if either an annual tax or a portion of the local
rates are ever placed upon the values of building sites, these should be assessed at a rate making full
allowance for all town-planning restrictions. This is in our view an absolutely essential point, as the
effort naturally made by Inland Revenue valuers to establish the existence of a full commercial value
already interposes a certain obstacle to the reduction of the value of building sites in the ways above
suggested.* Here, as in the case of transit, we hold that limitation of building density must be the
first step.
Direct Methods of Reducing Land Values.
143. If the density of house-building is Umited and transit improved, and if either or both of the
two methods subsequently indicated are introduced under proper safeguards, we hold that the chief
step will have been taken towards securing a supply of building land at moderate rates. The first three
methods described all have the advantage of reaching this end without any direct interference with
economic forces. Indeed, they would enlist economic pressure on the side of the proprietor willing to
provide land at a reasonable figure. If it had been possible to wait for these methods to reach their full
and ultimate effectiveness, we should have been prepared to rely almost entirely upon them. But it is
necessary that land should be obtainable for working-class houses immediately after the war, so that
schemes of building may be completed, even if the building cannot at once begin. Thus we cannot wait
until economic influences and improvements in transit reach their maximum influence, or until Local
Authorities, purchasing by degrees in the open market, are able to exercise a considerable measure of
control over site values. Hence a more summary method appears to be necessary for the time ; and it
* Cd. 7315, 1914.
t Alston, 34,167 (30) ; J. H. Jones, 44,370.
t W. Fraser, 38,174.
§ One representative of the Land Values movement argued explicitly that the rating of site values would make it
difficult for Local Authorities to buy land in advance, as recommended in the last section. (Gordon, 23,774.)
II Nettlefold, 42,766, cf. 42,753 (15-24). The need for these restrictions was admitted by the representatives of
The Scottish League for the Taxation of Land Valu&s. (Macliendrick and Grordon, 23,697 ff.)
^ Roxburgh and Malcolm Stuart, 19,500-6. Mr Roxburgh added: " What we want is, not to get revenue out of
' the land, but proper development and plenty of open space." The principle of the exemption of land assigned for use
as '■ parks, gardens or open spaces which are open to the public as of right," was recognised in the Finance (1909-10)
Aot, 1910, section 17 (3), in the case of Undeveloped Land Duty, as this duty is not levied on any such areas.
* Nettlefold, 42,765 2. ; cf. G. Eraser, 31,115 (32 f.), 31,196 ff.
REPORT. 381
may prove necessary permanently, as there is always the possibility that a minority of obstructive
superiors may hold out for unreasonable terms.
Suggestions for a Summary Determination of Site Values.
144. More than one alternative method of reaching this object was suggested during our inquiry.
It was argued that building land should be obtainable at a fixed multiple of its agricultural value, or
at the value declared by the owner for land-valuation purposes ; while a third proposal was that a
permanent land tribunal should be constituted to determine the price of land where it is required for
working-class dwelUngs.
145. In the main we agree with the criticism made by the Majority on the first proposal in the
form in which it was advanced by ex-Provost Keith. (See Majority Report, Paragraph 1714.) But,
as the Majority finally return to the agricultural value as the main factor determining the value which
should be assigned to land presently used for agriculture, when it is required for house-building, we
desire to add the following observations. The value of land for agriculture does not necessarily bear a
constant ratio to its value for housing purposes under suitable restrictions as to building density, etc.
Nor does the overhead arable rental of a farm necessarily indicate the value, even for agricultural purposes,
which may be attributed to any one portion. On a large farm, the withdrawal from cultivation of a
comparatively limited area near the steading might seriously detract from the value of the capital sunk
in equipment, and thus three times the agricultural rental would not really make good the loss to the
farm as a productive unit, if such an area were taken. At the opposite extreme is the case of the nursery
or market garden, where the value of the soil is high in proportion to the buildings required for its culti-
vation ; and in this case three times the rental, and still more, five times, might be too high a figure to
charge for the land considered as an undeveloped building site. In yet other cases land might have a
definite building value although its agricultural value was negligible. These facts, viewed in connection
with the general trend of our previous argument, point strongly to the conclusion that it is the building
value of land under town-planning restrictions which should be the chief ground on which a standard
rate should be fixed ; but that this should be applied in individual cases with full allowance for the
existing equipment of the land, and any depreciation which may be caused in its value through the
separation of certain portions of an agricultural subject.
146. In spite of the attractions of an automatic method of determining the value at which building
sites may be compulsorily acquired, we consider that there will always be cases of hardship or uncertainty,
in which a reference to some competent and impartial tribunal will be necessary ; although, as already
explained, we hold that if the building policy described above were fairly established, only a minority
of cases would need to be referred to it. The Town Clerk of DunfermHne argued, in the light of his
experience in carrying through the Dunfermhne and Rosyth town-planning scheme, that such a tribunal
would be advantageous, and that it would be able to secure the two advantages of uniformity and cheap-
ness. (Jack, 43,273 ff.) It is at this point that we feel compelled most decidedly to differ from our
colleagues. As to the need for compulsory powers in the background, we are in agreement with them,
but we do not see our way to accept their suggestion that the procedure should in every case be that laid
down in the Schedule to the Housing, etc., Act, 1909 ; i.e. a single arbiter with powers to assess compen-
sation for all land (and incidentally buildings and improvements) taken over. There are two reasons
for departing from this arrangement in the case of land other than that dealt with under improvement
and reconstruction schemes.
147. (1) The procedure for arbitration, originating in the Lands Clauses Acts and developed and
simplified in the Housing Acts down to the Schedule referred to, presupposes that the land is to be taken
at a fair, though not excessive, market value. Our proposal is that land for the housing of the working
classes should be taken in certain cases at a rate decidedly below what is at present considered its
full and unrestricted market value ; and for this purpose a Tribunal with summary powers appears more
suitable than a single arbiter.
148. (2) If such cases arise in various parts of the country, a Tribunal could dispose of them with
greater uniformity, and hence fairness as between one proprietor and another, than a succession of
arbiters, each appointed for a single arbitration. It is, however, claimed on behalf of the latter system
that the Local Government Board, who would have the duty of nominating the arbiter, would in practice
appoint the same man — ^as a rule a whole-time official of the Board — to act as arbiter in similar cases.
To this we must reply that their nominee would thus come to act as a kind of itinerant, single-member
Court. But we consider that arbitrations so carried out would not command the general confidence
which are necessary in view of the wide powers and responsibilities involved. There is the further fact
to bear in mind that the Local Government Board has a direct responsibility for the promotion of building
schemes, since it is charged with the duty of supervising and stimulating the efforts of Local Authorities
in this direction ; and we consider that this administrative function makes it desirable that the final
decision on the value of land to be taken for such schemes should rest with a body which can approach
the subject in a purely judicial attitude. Thus we are satisfied that there is a clear case either for the
constitution of a' special Tribunal by Parliament, or for the assigning of these duties to whatever Tribunal
may be established to deal with the acquisition of land for the afforestation, reclamation, and other schemes
necessary for the national security during the period of reconstruction.
149. We consider that the latter would be the best solution, since (as we explain fully in Para-
graph 340) we attach great importance to the co-ordination of reconstruction work in regard to housing with
that which will be undertaken along other fines. We suggest that in cases where the land to be acquired
is situated in or near a town, an assessor with special experience of urban valuations might be added to
the Tribunal. We consider, however, that so many questions of a complicated and technical character
are involved in regard to the acquisition of land that a special inquiry should be carried out by a small
expert committee before the composition and powers of this Tribunal are finally determined — an inquiry
which could be completed in a short time, since it would deal with a definite and circumscribed subject,
and one on which we cannot claim to speak as experts. We are, however, convinced of the importance,
382 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
from the point of view of housing, of the aspects which we have already indicated ; and we further
submit the recommendation, to which we attach great importance, that the names of the Tribunal should
be made public before the relative Bill has passed its committee stage in the House of Commons. It is
essential that a body exercising the powers which we have outlined should possess complete and general
confidence, which can best be secured in the manner just suggested.
Instructions under which a Land Tribunal should Work.
150. This is an even more important matter than the composition of the tribunal, and three distinct
points appear to be involved.
Determination of Land Value.
151. We consider that the provisions and considerations already laid down in this chapter would
go far towards forming a working rule for the guidance of the tribunal in fixing prices for the compulsory
acquisition of building-land. The number of houses allowed on each acre and their estimated rental
should form the main guide ; for, while the suggested tribunal would naturally take into account the
Government valuation of the land, we do not consider that our colleagues of the Majority have established
the fact that a valuation undertaken for other purposes at a date before the town-planning clauses of
the 1909 Act had come into full operation can be taken as the primary factor in fixing the housing value
of the land. Expenditure by the proprietor in preliminary development, or by a Local Authority in
the provision of communications or services such as water and drainage, would also have to be taken
into account. So would the agricultural value of the land, although, for the reasons just given, we do
not consider that it can in every case be taken as by itself determining the amount of the award. In
cases where development and building will be spread over a period of years, the probable interval before
building begins should be estimated for each section of the land to be taken, even though such an estimate
cannot be more than approximately accurate. The value of the land would then -consist of (i) the
discounted value of the agricultural rents to be obtained until feuing begins, plus (ii) the discounted
feuing value for the class of development contemplated, all " town-planning " restrictions on the site
being taken into account. (Housing, Town Planning Act, 1909, section 58.) The tribunal should have
full discretion in awarding expenses (a most important point), and there should be no appeal from their
decision. " Expert witnesses " should either be excluded or limited to one on each side.
At whose Instance the Tribunal should Act, and by whom Land should be acquirable.
152. In the policy of post-bellum building which is suggested later, schemes would naturally be
submitted by Local Authorities and others to whatever authority was entrusted for the period with
the administration of the grants and loans provided, and on their being approved, the price of the land
needed would (failing agreement) be determined as outHned above. Protection would thus be given
against ill-considered schemes, or those so small as to damage the property encroached upon to an extent
disproportionate to the public benefit secured. One possible policy is to restrict the land so valued
to use by the Local Authorities themselves. But we consider that this would most seriously detract
from the usefulness of the proposals. For, unless Local Authorities are to house all wage-earners whose
income fails to reach a certain level, the cheap land would benefit only those who are fortunate enough
to obtain the municipal houses and so to gain the advantage in the form of slightly lower rents ; and there
is no guarantee that they will be especially entitled to this differential gain. The private builder would
also be handicapped in his endeavour to provide equally good houses at the same rental.
153. If, on the other hand, other bodies or individuals are also allowed to acquire land compuLsorily
at the lower rate, there is always the danger of the imposition of a ground annual, which may be expected
to bring the total ground rent charged to the actual occupied up to the average feuing rate in the district
concerned. Even in the case of a working men's building society there is, as the evidence already
cited shows, a chance that the original occupiers may exact a handsome profit at the expense of their
successors. The difficulty is to secure the benefit for those for whom it is intended. We do not, however,
believe that this difiiculty is insuperable, and we hold that it is possible to provide adequate safeguards
against abuse. In the first place, there is the fact that, when these proposals have been in operation for
a few years, speculation in the sites of working-class dwellings will, unless they wholly fail of their object,
be largely a thing of the past. But a further safeguard can be given by extending the right of pre-emption,
already proposed in the case of estates voluntarily purchased and developed by Local Authorities, to
cover all dwellings on land acquired under an award by the suggested tribunal. A simpler form of the
same provision would be that the difference between the valued cost of the site and any enhanced price
obtained on the occasion of a subsequent transfer or sale should be handed over to the Local Authority.
154. Thus we hold that all providers of houses of the class contemplated should, if need be, be
eligible to obtain land so valued. But, if a private builder is to do so, he should (1) send in his application
through the Local Authority, who would have the right to make any representation regarding it to the
Land Tribunal ; provided that if the application had not been forwarded by the Local Authority within
two months, the applicant should have the right to do so direct ; (2) he should accept all building
restrictions applicable to the area as a whole ; (3) in the event of his wishing to sell the property, except
to an occupying owner, any increment in the ground value beyond the feu-duty fixed by the tribunal
should be annexed by the Local Authority. These conditions would prevent " profiteering " on the
strength of the fixing of a low feu-duty ; and in conjunction with town-planning provisions, they would
also prevent the arbitrary acquisition of small plots of land by individuals for purposes inconsistent
with a well-thought-out scheme of development.
155. More than one vritness emphasised the importance of safeguarding the proprietor against having
especially desirable portions of his estate picked out at random for building purposes. (C. M. Eobertson,
44,247 (37) ff., J. H. Jones, 19,863.) Powers of compulsory acquisition should not be apphed except as
consequent upon an orderly scheme of development ; and it is to safeguard this interest that Schedule I.
of the 1909 Act provides that in certain cases the determination of the land to be included in the scheme
REPORT. 383
should rest with " an impartial person not in the employment of any Government department." But
we consider that this matter, as well as the fixing of the adtual price of feu-duty to be paid for the land,
may safely be left in the hands of such a tribunal as we have indicated. It might, however, happen in
populous districts, and it would certainly happen in rural districts, that the powers of the suggested
tribunal would be invoked before a complete town plan was in being. In this case they should be
empowered to attach to the feus of which they were fixing the rate any special conditions or restrictions
that they considered necessary, pending the completion of the general plan.
Use of Land Compulsorily Acquired.
156. The occupancy of houses on land so valued should be confined to the working classes. This,
it will be noted, marks a distinction from the recommendation already made that estates voluntarily
acquired by Local Authorities should not be so restricted ; but in the case of land specially valued by a
tribunal it would appear necessary to confine its use to pubUc works for the benefit of the community
and to working-class houses, as it could not rightly be used for ordinary industrial purposes or for villas
or mansions. The definition of " working class " might be that hitherto used by the Pubhc Works
Loans Board, provided that the income Hmit for occupations not definitely specified should be raised to
£3 per week. (For this definition, see Appendix CLXXXIII., and cf. Pars. 487 f. below).
Summary of Recommendations.
(1) To secure that sites shall be made available for the building of small houses at the most moderate
possible rate, we concur in recommending (a) hmitation of the number of houses to be placed on any
given area (Paragraph 125) ; (6) the provision of improved means of transit (Paragraphs 126 fE.) ; (c) that
further powers be given to Local Authorities of areas containing over 20,000 inhabitants for the purchase
of building land in advance of immediate requirements and of proper safeguards, and for the development
of such land so as to secure that the builder will retain a suitably developed site at a reasonable cost
(Paragraphs 131-9).
Note. — We hold that these recommendations — of which (a) should be put into force immediately —
will, in the great majority of cases, enable sites for small houses to be acquired at reasonable rates.
(2) We further recommend that, if any extension of the principle of taxing site values is applied in
the future, this should only be done after suitable town-planning restrictions have been put into force,
and that all such restrictions should be fully taken into account in determining the assessable value of
building sites (Paragraph 142).
(3) To meet the cases of difiiculty in acquiring sites which may still remain, we recommend that the feu-
duty of land required for the building of working-class dwellings should be determined by a special tribunal
to be established by Parhament, or that this determination should be made a primary duty of any tribunal
which may be so established to deal with the acquisition of land for various public purposes during the period
of reconstruction. We recommend that their decisions should be chiefly based upon the restricted value
for building purposes of the sites to be taken compulsorily ; but that, at the same time, they should take
into account the agricultural value of the site, including the effect of its severance on the general value
of the agricultural subject of which it forms a part, and of the equipment thereon. We also recommend
that this tribunal shall have power to secure sites compulsorily, not only for Local Authorities, but for
all providers of approved houses under the conditions outlined in Paragraphs 152 to 156. We make the
further suggestion that an inquiry by a small expert committee should be held before the composition
and powers of this tribunal are finally determined, and that the names of the tribunal members should
be announced before the passage of the necessary legislation through the House of Commons (Paragraphs
146-156).
(4) We hold that the assessment of compensation under Parts I. and II. of the Principal Act should
remain as at present, but subject to the recommendation regarding costs of arbitration made by our
colleagues. (Majority Report, Chapter XXIV., recommendations (4) and (5).)
CHAPTER III.
TRANSIT AND TOWN PLANNING.
157. The question of the acquisition and control of building land is intimately boimd up with that
of town planning and the improvement and cheapening of means of transit. We are in general agree-
ment with the statement of the position in regard to these important developments given by the Majority
in Chapter XXVII. of their Report, and we also accept the general aims which they express in that
chapter. But we are vmable, in all respects, to agree with their recommendations as to the most appro-
priate methods of realising these aims, and we find it necessary to make a brief statement of our own
position.
(A) Transit.
Movement of Population due to Improved Transit.
158. In all the larger cities the multiplication and cheapening of means of transit in recent years
has caused a marked outward movement of population, diminishing the pressure in the central districts
and causing a rapid growth in the suburbs. This is shown by the fact that the central area of Glasgow,
amounting to 3600 acres, diminished in population between 1901 and 1911 by not less than 45,000
persons. (Chalmers, 20,171 ; cf. the figures regarding Greater London given by A. Young, 25,518 (15),
and L.C.C. Return No. 1635, 1913, p. 5.) In Edinburgh, during the same period, the parliamentary
burgh, representing in the main the old city, lost 4622 inhabitants, while the population in the outer ring
included in the municipal boundaries increased by 7481 (Census Report, 1911 : Edinburgh, p. 6).
384 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Factors Hinderhig the Decentralisation of Population.
159. At the same time, along with these figures, which might be largely extended and enforced from
the evidence of tramway managers and medical officers of health in the most populous areas in Scotland,
and also in London and Liverpool, we cannot pass over certain difficulties which at present set a definite
limit to the tendency for working-class families to make their homes at a considerable distance from their
places of employment : — {a) There are the difficulties of site and gradient found in certain towns such as
Greenock. (See footnote. Paragraph 92 above.)
160. (b) There is the concentration of many important factories on a limited area in such towns as
Dundee. Where the day's work is arranged on a " two-break " system, i.e. where there is a separate
breakfast and dinner hom-, this multiplies journeys between the factory and the house, and (even apart
from the low wages of many of the workers) makes it impossible for them to use public conveyances to
go to and from their work. The fact that nearly one in four of the married women in Dundee go out to
work makes it still more difficult for them to live far from the mills. This couJd only be accomplished
by a radical change in the whole organisation of the industry, including the introduction of a working
day with only one break, and a general rise in wages ; but it was the view both of official and unofficial
witnesses that, as things are at present, the majority of workers must live within convenient walking
distance of their work. (Barbour and Menmuir, 35,283 ; MacLaren, 85,372 (6) f., 35,378 ff. ; Thomson,
35,665 (17), (33), 35,786 fE. ; Templeman, 35,837 (43). In this connection the Medical Officer of Health
for Aberdeen pointed out the disadvantages of " a bread-and-tea meal, often eaten in the workshop,"
and urged that proper feeding was not less important than good housing. A large firm of engineers,
whose works lie on the outskirts of Edinburgh, and whose opinion was cited by representatives of the
Edinburgh Trades Council, also expressed themselves in favour of the workmen having a comfortable
meal at home. (M. Hay, 41,334 (82) ; Eunson and WUson, 18,269.)
161. (c) A further difficulty mentioned is that in many cases the workman, and probably still more
the younger members of his family, like the stir and movement of the city. It was pointed out by a
witness of very wide experience in the West of Scotland that the great out-going stream of well-to-do
or fairly-well-to-do passengers in the evening is met by a similar stream of artisans and labourers return-
ing from work in the outskirts of Glasgow, or neighbouring burghs, to their homes in the city, where
they can be sure of company and amusement. One reason for this difference is probably that the former
class have more spacious homes and somewhat wider intellectual resources ; but, in any case, it seems
clear that workers of the labouring class do, in many cases, depend on the interests and amusements to
which they have been accustomed, and which are chiefly to be found in the central areas of the cities.
(Campbell Munro, 37,370 (64)-(67), 37,453 ; cf. Watson, 22,404 f., 22,525 f.)
162. (d) A more fundamental difficulty is that which occurs in the family where there are several
wage-earners, or where one or more of the children is apprenticed to some trade. It may be quite possible
for the father to travel to his own work, but when his elder children are ready to leave school he natur-
ally wishes to live at a point at which they can obtain an adequate choice of employment. At a some-
what later stage, however, when they are settled in steady work, it is not unknown for several members
of the family to travel, even though none of them is earning a high individual wage. (Rutherfurd,
22,267 ff. ; Watson, 22,404.) Again, both in London and Liverpool we were informed that the distance
at which the working man can reside from the centre of the city depends less on his wage than on the
permanence and regularity of his work. (Berry, 25,437 ff. ; Brodie, 42,011.) This probably explains
in part why clerks and others in commercial employment can live at a greater distance from their work
than artisans, although the latter may earn higher wages when in steady employment.
163. (e) The last difficulty to be considered is the economic one. In spite of high site values in the
central parts of the cities, many of the older houses there are let at comparatively low rents ; while the
rise in the standard of accommodation and the cost of building has raised the rents of the newer properties
in the suburbs to a generally higher level. Thus, even in Glasgow, we were informed by the Chief Sanitary
Inspector, the Tramways Manager, and the representative of the Women's Labour League, that those
who wish to find a really cheap house have, as a rule, to look for it in the older parts of the city ; while
in any case the lower ground rent in the suburbs would not be sufficient to counterbalance the cost of
daily transit. (Fyfe, 20,000 ff. ; Laird, 23,145-8 ; Dalrymple, 42,092 (38).) Thus the experience of the
London County Council regarding the financial economy of travel to the suburbs is not repeated in
Glasgow.
Class of Population Affected.
164. There is thus abundant evidence that a steady movement from the centre to the suburbs of
large cities has taken place in recent years, and that the congestion in the former has been appreciably
relieved. This has enabled a large proportion of those employed in commerce to live in more open sur-
roundings at a distance from their place of employment. In the English cities, e.g. Liverpool and Bir-
mingham, the same applies to a considerable number of artisans, and there seems to be a prospect that
those with regular employment will be able increasingly to live at a distance from their work ; although
this presupposes a change of tastes and customs — always a slow process — and also a rearrangement of
meal hours, and the provision of additional facilities for the obtaining of well-cooked food at or near the
place of employment. (Wheatley and Stewart, 22,568 ff. ; Waite, 25,065 ; Brodie, 42,007 f.)
165. As regards the skilled worker, it seems not improbable that the solution of the difficulty will
be found rather in the decentralisation of industry than in the provision of regular and rapid transit
from houses in the suburbs to factories in town. The tendency for some years has been to establish
the larger works on cheap land at a convenient distance from the cities. Unfortunately, however, the
provision of houses in their immediate neighbourhood, where conditions are relatively healthy, has not
kept pace with the establishment of new industries. Hence the singular situation, to which we have
already called attention, has arisen that the evening exodus from business parts of the cities, which must
remain relatively concentrated, to the suburbs, is met by a counterflow of industrial workers coming
inwards. Thus the most satisfactory policy is to take advantage of the centrifugal movement of modern
REPORT. 385
industry by providing houses in the subiirbs which will frequently be within walking distance of the new
works. In recommending the improvement of transit, we keep in mind the obvious reservation that to
spend a considerable proportion of the day in even the best-appointed of trains or cars is not in itself a
gain. But for those whose employment cannot be decentralised, and who are prepared to spend a certain
proportion of their time and income in travelling to it from the suburbs, it is of the greatest importance
that the time and cost of transit should be minimised, especially the former. But even strong advocates
of improved transit admit that for a long time to come the majority of labourers must still live in the
city. (Horsburgh Campbell, 18,830 ; Dalrymple, 42,092 (24), 42,174-7.) Indirectly, however, the labourer
is also benefited by the improvement of transit, since he presumably obtains the reversion of a better
house which is vacated by some other worker who is able to leave the city.
Methods of Transit.
166. While we fully agree with the recommendations of our colleagues regarding the provision of
wide radial roads, with special tracks fenced off for high-speed electric tramways, as tending both to
speed and economy of upkeep, we also hold that Local Authorities in planning such new developments
should keep in view claims of alternative methods of transit. Of these probably the most important
is the motor-bus, which may be used to open up districts not yet ripe for tramway development. (Nettle-
fold, 42,783 fE.)
167. Nor do we think that the provision of such improved transit will necessarily be carried out in
every case by the Local Authority. The greater part of the evidence on transit proceeded on the
assumption that, at least in the case of tramway development, the Town Coimcil of the city concerned
was the natural body to carry it out ; but the County Clerk of Lanarkshire left the door open for
the provision of tramways in certain cases by private enterprise (Munro, 27,593 (96)) ; and
the manager of the Paisley tramways, which run through the areas of seven Local Authorities (three
coimty coimcils and four burghs), argued that a private company had certain advantages in develop-
ing transit through a district under the control of several Local Authorities, or in linking up compara-
tively small towns a few miles apart. He also held that, while within its own area, a Local Authority
has an inducement that a private company cannot have to provide facilities ahead of the actual demand,
and so to encourage development, the latter, once its line has been laid down, has a gi'eater interest
in making it a commercial success by attracting feuars. (Coutts, 42,024 (3) f ., 42,031, 42,086 f.)
Conclusions Regarding Transit.
168. We are thus prepared to accept the statement and recommendations of the Majority in regard
to transit, subject to the following provisoes : (1) That the decentralisation of industry is not less impor-
tant than the spreading over a wider area of the homes of the people ; and that this is an object which
should be steadily kept in view by Local Authorities in determining the areas to be reserved under town-
planning schemes for industrial purposes. In the case of existing industries, which cannot be so de-
centralised, the more general provision of works canteens would in many cases allow employees to live
at a gi'eater distance from their occupation. (2) Experiments should be made in various forms of traction
adapted to the needs of specially situated communities. (3) In every case where improved means of
transit arelikel}'^ to be introduced, whether by public or by private enterprise, the area affected should
be town-planned ; so that the price of land may be regulated, and a reasonable share of any increment
secured to the community, by limiting the number of dwelhngs per acre and by the operation of the
" betterment " and other provisions of the Town Planning Act. (This is a point with which we imagine
our colleagues of the Majority are in agreement ; but we desire to state it explicitly and emphatically,
as in our view it is of cardinal importance ; cf. Paragraphs 126 ff. above.)
(B) Town Planning.
169. In the last two years, since the evidence on this subject was given before the Commission,
the question of town planning after the war has become more and more urgent. The prolongation of
the war itself, and the growing sense of the need for the immediate provision of houses on its conclusion,
have, we believe, emphasised the impression among housing reformers, both official and imofficial, that
present methods of procedure are needlessly complex and dilatory. Further, there will on the con-
clusion of war be demands for immediate action from a very large proportion of the more populous and
progressive areas of the country. Thus a very heavy tax will be thrown upon the resources of the
Local Government Board as Central Authority for housing and town planning. This constitutes one
side of the problem ; and we feel strongly that it will be nothing short of a disaster if housing schemes,
which public or private bodies are prepared to promote at the end of the war, are held back owing to
the difficulty of pressing a large number of town-planning schemes forward simultaneously under the
present procedure regulations.
170. At the same time it ought not to be overlooked that a town plan is an instrument which will
affect for good or evil the whole development and life of a community for many years to come. It has,
indeed, the force of an Act of Parliament ; and in this connection the powers assigned for the Local
Government Board in connection Avith town-planning schemes are of a very wide and drastic character.
The Town Clerk of Dimfermline, who has had great experience of the working of the Act, said in this
connection : "I doubt if any statute has ever before conferred powers of such a far-reaching nature on
' any Government department." (Jack, 43,150 (5) f., cf. 43,190.) Thus we hold that it is of great
importance to avoid pressing through schemes under plea of special urgency which might afterwards be
found to run counter to the law or to the general interest ; while we consider that it would be imwise to
remove the ultimate control which Parliament has reserved to itself in sections 54 (4) and 55 (2) of the
Act. The witness already quoted pointed out that these two sections meet the criticism that legislative
powers had been delegated by Parhament to the Central Authority, " in respect that the draft of the
25
386 EOYAL COMMISSION ON HOUSING IN SCOTLAND.
' Order of the Local Government Board approving of a town-planning scheme must be laid before each
' House of Parliament before it is approved by the Board if it is proposed in the scheme to suspend any
' enactment in a public general act or if any person interested intimates an objection to the making of
' a scheme to the Local Government Board in terms of the Act." (Jack, 43,150 (7).)
Case for Emergekcy Legislation.
171. We consider that it is a matter of the greatest importance that town planning, as the pre-
liminary of any real and substantial advance in housing matters, should be carried out rapidly and on
a large scale immediately after the war. Indeed, we desire to see this preparatory work begun without
even a month's avoidable delay ; and from this point of view we agree with the Majority in regretting
the recent depletion of the town-planning stafi of the Local Government Board, and we desire to see it
brought up to full strength at the earhest possible moment and set free for this most essential work.
We also agree that procedure must be simphfied wherever possible, and that a much less detailed form
of town plaiming should be introduced than that hitherto adopted imder the Act. But we are not
satisfied that the method suggested by the Majority is the best adapted to this end. If we understand
their pohcy aright, it is that amendments of a permanent character should be forthwith made upon
Part II. as a whole. To this we see two objections.
172. The first is of a general character — that such a recasting of the framework of this part of the
Act must involve considerable controversy, and should only be imdertaken as the result of mature con-
sideration. In so far as the procedure regulations issued by the Local Government Board for Scotland
in 1911 include details as to maps, notices, etc., which go beyond the requirements of the statute,
they can indeed be simphfied forthwith and the procedure so far shortened. But to a very consider-
able extent these regulations only give efEect to the definite provisions of the Act, especially of sections
55 and 56 ; and we understand that more than one of the leading experts in town planning in Scot-
land considers that such simplifications as the Local Government Board can make without an alteration
of the statute would not go far in the direction of speeding-up procedure. This, indeed, the Majority
admit in so far as they suggest specific alterations in the text of the Act — alterations which we take
to be intended as permanent amendments. But we have already expressed the view that such amend-
ments could not properly be carried through in an emergency measure introduced at the earliest possible
moment.
173. Our other objection has also been indicated — that the recommendations of the Majority
remove certain safeguards which we consider essential to the due working of the Act. In view of the
immense importance of the issues involved in large town-planning schemes, we cannot agree to the view
that a Government department should be able to issue regulations having the force of law without at
least the possibility of an appeal to Parliament. This is secured in section 54 (4) of the Act, and we con-
sider that it should be retained, although it is almost certain to be very seldom used, and consequently
the delay of thirty days while a draft of the Order lies on the table of the Houses of Parliament will
rarely occur. We think, however, that in the event of an objection being made imder this sub-section
during a period when Parliament is not in session, the time required should be reduced from thirty to
ten days after the reassembling of Parliament. We also hold that the provision by which the Local
Government Board is required to apply to the Court of Session, after obtaining the approval of the Lord
Advocate, for an Order against a Local Authority which fails to initiate a town-planning scheme should
be retained. (See sections 61, 67 (6) of the Act.)
174. We thus think that the position as a whole demands a double form of legislative action, and
that an emergency town-planning measure should be passed to regulate and expedite town planning
during the period immediately after the war. A precedent for such action is to be found in the special
Act regarding Eosyth, passed in 1915, to enable building to proceed before the final approval of the
Dunfermline town plan. Such an Act would be brief, and as its scope and period of validity would be
Umited, it might be expected to pass as an agreed measui'e. This would give time for a subsequent
reconsideration and amendment on permanent hues of Part II. of the 1909 Act, keeping in view the
various considerations mentioned above. We suggest that such an emergency act would safeguard
the contrasted interests which we have endeavoured to set out if it had the following character. It
should aim at shortening and simplifying the procedure under the Act of 1909, in view of the abnormal
circumstances indicated above, rather than at a thorough amendment of that Act. It might provide
that, during the emergency period of three or more years, town-planning schemes should be formulated
imder the following restricted stages of procedure (which are broadly stated) : —
(1) Resolution of the Local Authority to prepare a scheme within specified areas.
(2) Advertisement of such resolution. This advertisement to have the efEect of an application
for authority to prepare a scheme for the purposes of section 58 (2).
(3) The presentation of a scheme by a Local Authority.
(4) The advertising of the fact that a scheme had been prepared.
(5) Negotiations between the Local Authority and the owners concerned — to be carried through
within a limited and reasonable time.
(6) The presentation of the scheme to the Board. The owners would have a right to state their
objections to the Board, and the provisions of section 54 (4) would be applicable.
We recommend that an emergency act on these lines should be passed, and in regard to permanent
amendments which might subsequently be made upon the Town Planning Act, we accept the Majority's
recommendations Nos. (1) (a), (6), (d), (e), and (/), also (2), (3), and (4) ; but for the reasons stated above
we are imable to accept recommendations Nos. (1) (c) and (5).
REPORT.
387
CHAPTER IV.
THE FUNCTION OF LOCAL AUTHORITIES IN HOUSING.
(A) The Housing Record op Local Authorities.
Introduction.
176. In view of the great shortage of small houses and the present reluctance of builders, to supply
them, only two courses are open : (1) To find some way of inducing the private and co-operative builder
to start work again ; (2) to throw practically the whole responsibility upon Local Authorities for the
provision of working-class dwellings. At first sight this second alternative has much to commend it.
The Local Authority can borrow cheaply, and cheap money is enormously important in connection with
the building of small bouses. It has the rates to fall back upon in the case of any deficit, so that the
loss is spread over the community and does not fall on any one individual. In the large cities, at any
rate, a part of the staff which might be used in the direction of house-building is already assembled,
and, as we have seen, a certain number of municipal * houses have been already completed and some good
work has been done. It is a natural enough demand that more house-building work should be put upon
the Authorities, and that they should be encouraged, if not compelled, to do the main work of
providing dwellings for the working classes in the future.
177. There is also another reason which is in the minds of some, and which has weight in urging
them to put this matter of house-building into the hands of a public authority. If the present cheap
rents are to be continued this can only be done by building at a loss, the deficit being charged to some
one else other than the tenant ; and for this a body which is also the rating authority is the only possible
agency. We propose, in the first instance, to give some account of what has been already done, and
then to gather together some of the various dangers which, in our view, must be present in the indefinite
extension of such a pohcy.
Municipal Housing in Scotland.
178. It is evident from the trend of legislation that Local Authorities have been expected to take
up this matter of house-building and themselves provide accommodation where the need was clamant,
and where it was being met in no other way. Yet it is also true that powers for this purpose have been
given gradually. In the 1890 Act the sections relating to the building of houses by Local Authorities
(Part III., section 53, 59) were not in force until adopted, but it was put in the power of any Local
Authority to adopt these sections in any area in which " they consider that accommodation is necessary
' for the Housing of the working classes." (1890 Act, section 55.) By the later Act (1909) the sections
are extended and take effect without adoption. f
179. Thus for twenty-six years — or, if the pre-war period be taken, for twenty-three years — ^Local
Authorities have had the necessary enabhng powers for the provision of houses, and the following
table shows what has been accomphshed by Town Councils in Scotland up to the end of 1913 : — ■
t
rabh
showing the Number of Families Housed by Local Authoi-ities.%
1.
2.
3.
4.
Number of
Families
Housed by
Local
Authorities.
Total
Number of
Families in
City.§
Total
Number of
Houses in
City.§
Total
Population
of City.§
Edinburgh ....
601
74,645
76,190
320,318
Glasgow
2199
167,896
183,960
784,496
Aberdeen
131
36,804
37,971
163,891
Leith .
84
17,891
18,904
80,488
Greenock
2U
15,234
15,450
75,140
Clydebank
26
7,363
8.656
37,548
Perth .
114
8,300
8,546
35,854
Bo'ness
10
2,143
2,197
10,862
Hamilton
23
7,439
7,459
18,293
Oban .
24
1,159
1,207
5,557
Kilmarnock ....
«
58
7,513
8,176
34,728
3484
346,387
368,716
1,567,172
* Throughout this discussion we use the shorter and more familiar term " municipal " in phrases such as " municipal
building " as equivalent to the more comprehensive " by Local Authorities." In the above paragraph the term " muni-
cipal," however, is strictly accurate, as at the time of our inquiry there were no houses actually built by District
Committees, except those built for roadmen and others under the Local Government Act, 1908, section 3.
t The procedure in force is detailed in the Majority Report, Chapter V., Paragraphs 247 £E.
I Apart from houses provided for certain of their workmen under housing schemes up to 1913.
§ Columns 2, 3, 4 are taken from the Census, 1911; Column 1 from the schedules supplied by the vanous Town
Clerks (see Majority Report, Paragraph 20) — see also in the case of Edinburgh, H. Campbell, 41,170 (1), App. LVII. ;
Perth, Ritchie, 36,728 (1); Hamilton, Keith, 1249 (17); Kilmarnock, Climie, 24,279.
388 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
180. From this table it would appear that all the housing already provided by Local Authorities
throughout the whole of Scotland is only sufficient to accommodate 3484 families out of a total of separate
families, as given in the Census of 1911, of 1 ,040,147, or in the cities dealt with of 346,387. In four only
of these burghs (Glasgow, Greenock, Perth, and Oban) do the houses provided equal 1 per cent, of the
whole, and in these it may be said that the Town Council has made an appreciable contribution to
the housing of the burgh. Indeed Glasgow has rehoused approximately the same number of persons
(and nearly the same percentage of the population of the city before the last extension) as have been
rehoused in the much more celebrated Liverpool housing schemes. But the Glasgow policy has been less a
definitely plaimed and consistent whole than that of Liverpool, nor, as we point out IdcIow, have the
Corporation endeavoured in all their blocks to rehouse the dispossessed, or even a class in similar economic
circumstances. At the same time, in our visits to their properties we saw rmmy signs of sound construc-
tion and careful management, and many of the houses seemed to be appreciated by the tenaiits. The
same impression was given by a more cursory inspection of one or two properties erected by other
municipahties, of which we would specially name the Allan Street (Bedford Crescent) scheme in Edinburgh,
and one of the two blocks in Perth.
181. The Local Government Board has issued a return which seems to bear out the contention that
Local Authorities have not showTi any great eagerness in the past to provide houses. It gives the number
of schemes either initiated or contemplated by Local Authorities and approved by the Boai'd up to
March 1915. These are grouped under the following six headings : —
A. Schemes approved by the Board since 1913
C. Schemes on point of submission to the Board
B. Schemes being considered by the Board .
D. Schemes under preparation
E. Local Authorities considering schemes .
8
1
14
11
16
F. Local Authorities with whom the Board are in communication . . 10
Under the first two headings provision was contemplated for the housing of 104 families, but none of
these schemes were completed in August 1914, and most of them have been held up in consequence of
the war. A further return also suppUed by the Local Government Board gives the amount of such
operations promoted by Local Authorities during the year 1913, before the war, and the twenty-third
year after the passing of the 1890 Act, which shows that for the whole of Scotland, for that J'ear, the
financial obligations undertaken by Local Authorities for housing amounted to rather less than
£21,000.
182. It has to be remembered that the intervention of the Local Authority as house builder was
restricted under the 1890 Act to cases where they were satisfied that accommodation was necessary,
and that there was no probability that such accommodation would be provided by other agencies, and that
" having regard to the liability which would be incurred by the rates, it is under all the circumstances
'prudent for the said Authority to undertake the provision of the said accommodation." (Section 55.)
It is true that this section has been repealed by the 1909 Act, bat, as one witness pointed out, it " succinctly
' sets forth the duty of the Local Authority," and the spirit in which it ought to be interpreted. (Munro,
27,593 (108).) Even as so restricted, it gives wide powers to provide in cases^of proved necessity —
powers limited only by the willingness of the ratepayers to assume the responsibility of meeting any
deficit incurred.
183. It has been urged that the evident reluctance of the municipalities to build houses has been
caused by the great cost of clearance schemes and of rebuilding on the area, but it must be pointed out
that under Part III. of the 1890 Act (section 57), Local Authorities are empowered to acquire land for
building purposes, or, alternately, they may lease houses already built (c/. also 1890 Act, section 23),
and that, therefore, their building operations have not necessarily been confined to the expensive sites in
central localities rendered vacant by their clearance schemes. These they are encouraged to let or sell to
any purchasers or lessees who are prepared to carry out the scheme, under a certain amount of control
in order to prevent the recurrence of a like condition of congestion (1890 Act, section 12), provided only
that due accommodation is forthcoming for a certain number of the dispossessed if required by the
Local Government Board. (1903 Act, Schedule 6.)
Ki)id of Houses Provided.
184. Practically all the houses already built are of the tenement type, and are from two to five
storeys high. Access is generally given from balconies, but sometimes the houses enter directly from the
common stair. The majority of the houses are of one or two rooms, with a very few three-room houses,
except in the case of Glasgow, which has 257 three-room houses and 16 houses of a larger size. (Schedule
supplied by the Town Clerk. ) Inside water-closets and sculleries are provided in some c^ses, but, speaking
generally, the sink is put in the kitchen window, and the water-closet is shared by two or three families.
Bathrooms have been placed in some of the larger Glasgow houses, and the experiment has been made
of a common bathroom on each flat in one of the biggest of the Edinburgh blocks, the water for which
is supplied hot from a central boiler. As yet thig does not seem to have met the need, for apparently
the baths have been little used.
185. It is only fair to say, however, that the plans of the newer houses, approved by the Local
Government Board, and described by witnesses, although not yet built, show a decided advance. The
Town Councils of Dumfries, Invergorden, Clydebank, Lanark, and Motherwell suggest " flatted cottages "
or " semi-detached cottages " (Schedules supplied by the Town Clerks), and it is suggested that each
house shall have its own water-closet, while in the plans shown by Motherwell and Lanark it is proposed
to give a bath as weU as a scullery to the cottages. At Chimnock and Lanark, where some tenements
are still suggested, the number opening off the common stair is reduced to four houses, and sculleries,
water-closets, and coal presses for each house are to be introduced.
REPORT.
389
Class of Tenant Housed.
186. Primarily the policy of most of the municipal schemes seems to have been to provide housing
for the dispossessed, and after that to provide for the poorer classes. But there is no evidence that in
any of the schemes this policy has been consistently carried out.
187. In the case of Edinburgh, Glasgow, and Perth there is evidence that the failure to house the
dispossessed has resulted from their refusal to move to the new houses. (Chalmers, 20,192 ; Menzies,
20,514-17 ; Ritchie, 36,736.) Various reasons are given for this unwiUingness, such as that the houses
were too large or the rents were too high, but the general underlying feeling seems to have been a fear
that there would be too close supervision and control in consequence of regulations which would neces-
sarily be in force in the new buildings. {Cf. Menzies, 20,514 ; Macdonald, 21,755 ; Ritchie, 36,736.)
In two of the schemes, Leith and Oban, the choice of tenants from the poorest classes seems to have
been frankly given up (Lindsay, 6031 ; Coates, 28,292), and the houses are let simply to the first comer,
while in Clydebank the demand for the houses was so great that the tenants were selected by the drawing
of lots. (Ross, 33,738.) The scheme in Aberdeen is the only one where no regulations of this kind for the
selection of the tenants were attempted (M. Hay, 41,387), and there the class of tenant seems to be much
the same as in the suiTOunding tenements. (Cf. M. Hay, 41,334 (60), 41,377.) It was noted by the
Commissioners on the occasion of their visit to the Aberdeen municipal buildings that in one stair the
tenants seemed poor and dirty, but in another block everyone seemed most respectable. One woman
said that her husband was a mason then away on military service, and in that case, as there were no
children, it was not clear why the ratepayers should provide a subsidised house. In another one-room
house the woman said her husband was earning £3 a week at the time.
188. The following is a statement of the rents of the municipal houses in the various towns except
Kilmarnock, from which no return was made : —
Whether
One
Two
Three
Four
above or
Room.
Rooms.
Rooms.
Rooms.
below Rents
in District.
Edinburgh .
2s. Id. to 3s.
3s. to 4s.
4s. 6d. to 5s.
Below.
Glasgow
2s. 4d. „ 2s. 9d.
3s. 7d. „ 4s.
. ,
, .
Aberdeen
2s. „ 3s. Id.
3s. 5d.
Leith .
2s. 9d. „ 3s.
4s.
Perth .
2s. Id. „ 2s. 4d.
3s. 5d. to 4s. 8d.
5s. 9d.
Greenock
Is. 9d. „ 2s. 8d.
2s. 5d. „ 4s. 3d.
4s. 3d. to 5s. 2d.
Not below.
Hamilton
2s. 4d. „ 2s. 6d.
3s. 5d. „ 3s. 7d.
..
Below.
Clydebank
, ,
4s. 8d.
5s. 9d. to 6s. 2d.
7s.
Not below.
Oban .
2s. 8d.
3s. lid.
4s. 7d.
Below.
Bo'ness
5s.
Thus houses provided by the municipalities, with the exception of those at Greenock and Clydebank,
are provided below the rents obtaining in the several districts, giving better accommodation, and intended
for the poorer classes, and taken advantage of by a better class, the deficit being made up out of the
rates.
Finance of Municipal Schemes.
189. In deahng with the finance of Local Authorities it has to be remembered that at present there
is no one standard form in which their accounts are presented. The form of account-keeping varies
between the larger towns, the landward authorities, and the smaller burghs ; so much so that an accurate
comparison of diiferent statements is often impossible, and it is difficult for an interested ratepayer to
trace expenditure. More particularly is this true of expenditure on small dwellings, as there are various
headings under which it can be divided, such as improvements, streets and buildings, public health, and
the like. (Cf Bishop, 6037 ; Fyfe, 19,870 (69), 20,064-5.) A considerable advance would be made
if all Local Authorities had to conform to some uniform system of statement. (Cf. Report of Select
Committee on Municipal Trading, 1900, 966.) Further, it has also to be remembered, when making
comparison between the cost of schemes by Local Authorities and private enterprise, that under the former
in many cases no allowance is made for the time spent on this work by salaried officials, and for other
administrative expenses, nor for the initial expenses, which must be entirely unremunerative. (Ibid.,
1139 ff.)
190. In spite, however, of all advantages, including cheap money as the most important of all, none
of the municipal schemes already carried out in Scotland have been able to pay their way, but in every
case there has been a charge — large or small — on the rates. And this charge on the rates must be care-
fully distinguished from the burden caused by rehousing on expensively cleared sites, as it might be argued
that the cost of slum clearance could not fairly be included in the cost of the new houses.
191. In the following four towns the authorities bought and built upon vacant land, and therefore,
as regards the expense of the site, their schemes are comparable with those of the private builder. In
Aberdeen the deficit is charged to the rates, and amounts to about £400 annually ; or, if sinking fund be
excluded, there is an annual charge of £200 for 131 dwelhngs, their gross rental being £960. In this case
the site measures 2| acres (of which a considerable part is not yet built on), and cost £2355, giving a
feu-duty of about £40 aa acre, which is considered a usual charge for land in the city. (Cf. M. Hay,
390 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
41,334 (57-59.) In Hamilton the total feu-diityis £21, and in this case also the whole ground has not
been covered, only 24 houses having been built with a gross rental of £188, and an annual average deficit
over seven years of £35 per annum, if sinking fund be not allowed for. (Keith, 1249 (16-18),
Appendix IV.)
192. In Clydebank, | of an acre was purchased for £562, on which 26 houses have been built. The
Burgh Surveyor reports that these houses have not been an immediate financial success, owing to the
short term of repayment of the loan. The money was borrowed not from the Public Works Loans Board
but from the Greenock Savings Bank, to be repaid in thirty years. The deficit is charged against the
public health rate. (Schedule supplied by Town Clerk. Cf. also Ross, 33,719 (9).) In Oban the deficit
is charged to the public health rate, and amounts, for 24 houses with a gross rental of £210, to about £40
a year, not including sinking fund. The extent of the land taken amounts to 374 acres. No price was
paid, but there is an annual feu -duty of £6. (Schedule supplied by Town Clerk.)
193. In Edinburgh, the houses were built on cleared areas which had cost the city a large sum of
money — an average of £15,359 per acre. (Horsburgh Campbell, 41,170 (1).) One of the witnesses,
a member of the Edinburgh Town Council, supplied figures for the cost of the buildings, allowing nothing
for the site. He gives the cost of the building of the six new tenements as £66,000, which works out at
£100 per room or £160 per house. For the six years to Whitsunday 1907 the average net annual return,
after allowing for sinking fund, but not allowing anything for land, is £2, 17s., and for the six years to
Whitsunday 1913 is £2, 13s. 4d. (M. Stuart, 19,654.) If the entire cost of the cleared areas is charged
to the housing account the deficit is very considerable. The total cost of providing the houses amounts
to £212,705
Of which there had been repaid to Whitsunday, 1913 ..... 67,480
£145,225
The properties are valued at ....... . 73,225
£72,000
To meet this large sum " there has been already charged upon the rates the sum of £100,300, or an annual
* charge of £6500 to £7000. The total number of houses provided by the city was 651, so that each house
' costs the ratepayer over £10 per annum. As there are 282 one-room houses, the remainder being
* two-roomed, it would have been cheaper from a financial point of view to have subsidised a private
* builder to provide houses practically rent free." (Stuart, 19,454 (11).)
194. In Glasgow it is difficult to disentangle from the evidence how the cost of land is dealt with.
The manager of the Improvement Trust said that the price of ground was not taken into account in
fixing the rents. Apparently the schemes on expensive cleared ground are treated as sanitary improve-
ments, and the cost of the site and its preparation charged to another department ; when the recon-
struction scheme was complete, the rent imposed was in relation to the rents already prevaiHng in the
district (" We simply take the best rent we can get for the houses or shops that may be in that district ") ;
while the houses built on the vacant land were intended to house the " poorest classes " and the rents were
brought down from 10s. to 15s. per month below market value (Menzies, 20,504), the deficit being charged
on the rates.
195. In Greenock the same difficulty is met with, as the reply from the Town Clerk expressly
indicates that the " price of land cannot be stated separately." The houses there were built on
very expensive sites just cleared under the improvement scheme at a cost of £126,745, the added cost
for building was £68,863.* This large sum has been met by assessment, which is still a burden on the
community, as in 1914 it amounted to 4|d. per £ on the rentals of the burgh.*
196. In Leith a sum of about £560 requires to be met out of the rates annually for the 84 dwellmgs,
but if sinking fund be deducted the deficit is reduced to £160, which includes nothing at all for the
land. Perth and Bo'ness apparently also show a deficit ; while in Kilmarnock the scheme seems never
to have had a chance of succeeding, as the buildings have not been fully let. (Climie, 24,279.)
The Liverpool Municipal Houses.
197. It is necessary here to make some special reference to the policy of the Liverpool Corporation
as householders, as they have proceeded steadily in housing work since 1864, when they were faced by
the necessity of clearing slum areas. Up to the year 1885, however, they did not build, but contented
themselves by demolishing insanitary areas. (K. Taylor, 24,313 (10) ; Turton, 24,724 (8). Report of
Liverpool Housing Committee, 1912, p. 5.) From that date onwards, in response to an appeal for more
accommodation to replace what had been closed and demohshed, the Corporation embarked upon build-
ing operations, with the result that up to the end of 1915 the Housing Committee had under their control
2823 houses, of which 2269 are inhabited by people who have satisfied the Committee that they are entitled
to a dwelling by reason of their having been dispossessed, or of their previous occupation of an insanitary
house. {Report of Liverpool Housing CommitteCj 1915, p. 14 ; cf. Report for 1912, pp. 6-7.) In
1915 the population of the dwellings was estimated at 11,393 persons {Ibid., p. 2), out of a total popu-
lation of the city of Liverpool of 746,421 (Census, 1911), while the total number of houses in the city was
150,731. {Census, 1911, vol. viii. : England and Wales, Table 3, Paragraph 521.)
198. The policy of the Corporation has been to house the dispossessed, and this they claim to have
done by giving the houses at less than cost price, with the help of a substantial subsidy from the rates,
which, although only amounting to about 2d. in the £ of rental, provides benefits which are limited to
something like 1 per cent, of the population. The controversy gathers roimd this statement, and may be
summed up under three heads.
* Schedule supplied by Town Clerk.
REPORT. 391
(1) The Class of Tenants Housed.
199. For the first twenty years of its housing activities, the Corporation cleared insanitary areas
and sold the sites to builders at various low- prices per yard, burdened with the condition that houses for
the working classes should be erected, but not specifying the rental to be charged nor the class of tenant
to be housed. As a result, the builder " built the cheapest house and charged the highest rent," and none
of the 800 houses so erected was ever occupied by a dispossessed tenant. (Report of Liverpool Housing
Committee, 1912, p. 5.) About 1885 the Corporation began itself to build on vacant land as well as
cleared sites (Ibid., p. 5), and continued for six or seven years building tenements to house 554 families,
and attracting the best class of tenants, who were not selected in any way. (Victoria Square, Juvenal
Dwelhngs, Arley Street and St Martin's Cottages. These last are also tenements, and are built in four
blocks of five storeys in height, and two blocks of three storeys in height. (Ibid., 1913, pp. 8-12, 16-20.)
200. At this time one of the usual reactions in mmiicipal policy took place, and men were returned
to the Council opposed to municipal housing altogether. The complaint was made on the one hand that
the best tenants were tempted away to the new houses provided by the Corporation ; and, on the other,
that there was no attempt to house those dispossessed by the city's clearances, who were being driven
into insanitary dwellings and adding to the overcrowding of the city. As a compromise, it was arranged
to go forward with the housing schemes, but to restrict the use of the dwelhngs to the persons actually
turned out of insanitary property. (Ibid., 1912, p. 7.)
201. Even when such a policy has been determined on, the method of selection is at once surrounded
with difficulty. The Corporation have tried to defend themselves by demanding residence in a slum area
which has been scheduled for demolition, or in an insanitary house, as a condition of acceptance. It
has been pointed out that in his annual report the Medical Officer of Health gravely writes, year after
year, that " the privileges of being a Corporation tenant are well understood, and very careful investi-
' gation is necessary to verify the claims of the applicants. Thus, in 1912, there were 486 instances in which
' the circumstances of the applicants did not comply with the committee's conditions. Of this number
'115 gave false addresses, and in 381 cases there was no evidence that the overcrowding or illegal occupation
'existed." (Report of Medical Officer of Health; cf. Nettlefold, 42,871.) Such a policy, which de-
liberately offers a prize to those who break the byelaws, and makes the offence of illegal overcrowding
a qualification for admission to a cheap house provided by the ratepayers, is difficult to justify, all the more
so, as from the report of the Medical Officer just quoted, it would appear that there are cases of persons
actually giving false evidence in order to establish their claim, and to qualify themselves for a tenancy
under the municipality.
202. Then, again, the report of the Housing Committee for 1915 gives a list of occupations followed
by the various tenants presently residing in the blocks, and it is difficult to refrain from the conclusion
that if all of these were living in slum areas it must have been not from poverty but from choice. Carters,
firemen, cabinetmakers, cotton and railway porters, joiners, bricklayers, electricians, engine-drivers,
printers, shopkeepers, clerks, foremen, etc., are not necessarily slum dwellers, and the greater number
of these must have been perfectly able to pay an economic rent. And, further, from a very interesting
comparative table (Report of Liverpool Housing Committee, 1915, p. 16), which records the number of
tenants who left the buildings each year for the period from 1906 to 1915, we are led to the conclusion
that, if only slum dwellers were originally taken in, a process of selection has gone on by means of which
the worst have moved out, the " flitting " figures for 1915 being less than half of what they were in the
first five or six years of the experiment.
(2)' The Difficulty of Restricting Municipal Housing to one Class of Tenant.
203. It appears that in this case also the usual development of mimicipal trading is taking place,
and that the Housing Committee, satisfied with its record, has begun to contemplate exparsior, with a
view to providing houses for the better -paid working man. This is borne out by the evidence of the chair-
man of the Housing Committee, who apparently considers that accommodation should be supplied,
with assistance from the rates, for the artisan in regular employment. (K. Taylor, 24,324, 24,391.)
It seems necessary here to draw attention to the easy growth and development of such a policy,
which was begun as an emergency measure to meet what was considered to be an urgent municipal crisis,
caused by municipal action in abolishing slum areas, but which now proposes to attempt the much
larger and more controversial task of house-building for the working classes as a whole.
(3) Subsidised Rents.
204. The wisdom of subsidising rents is a subject for debate. On purely economic grounds it can
hardly be defended, unless it is kept as a purely emergency pohcy to tide over a time of abnormal
conditions — in which case it should be very clearly marked as a temporary measure, or as a measure of
expediency until conditions are better adjusted, to enable the poorest class to live insanitary houses. In
this latter case the assistance should be clearly recognised as a measure of poor rehef, from which
the tenant should be encouraged to free himself as soon as possible. The fact that a subsidised house
is a rate in aid of wages must be admitted, but if this is clearly recognised, and if residence in a rate-
aided house brings with it all the advantages claimed for it by the Liverpool Housing Committee, then,
with improved health and resources, and with a good moral record, the municipal tenant will be able
to leave the municipal shelter and join the ranks of the working class who are able to pay their way
without relief from their neighbours.
(B) Objections to Unlimited Municipal Housing.
204a. In Chapter VI. we suggest some of the ways by means of which the private and co-operative
builder may be induced to build again ; it is sufficient here to state in a more general form some of the
392 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
dangers which have just been indicated, and which are present in any policy of housing by Local
Authorities. For our purpose the most obvious and the most disastrous of these is the fact that house-
building by Local Authorities tends to discourage private enterprise.
(1) Housing by Municipal Authorities acts as a Deterrent.
205. The significance of this will be better understood when it is realised exactly what is the pro-
portion of house-building which has been accomplished in the past respectively by municipal and by private
enterprise. For England, the figures are given as an estimate that out of 5,607,275 houses exempt from
inhabited house duty, only 18,000, or less than one-third per cent., have been built by Public Authorities
imder Part III. of the 1890 Act. (Forty-third Annual Report of the Local Government Board for England
(1913-14) (Cd. 7610), p. xxxvii.) In Scotland, as we have already seen, the number is also exceedingly
small, and works out, if the houses of three rooms and imder are taken, as one-half per cent, of the whole.
Total number of houses inhabited in Scotland 1,013,369.
Total number of houses of three rooms and under . . . 734,405 (or 724 per cent.).
Number built by Local Authority 3,484 {Census, vol. ii., p. c).
The remainder have been built by private and co-operative enterprise. From these figures will be seen
the gigantic nature of the change proposed if the Local Authority is in future to be the principal provider
of small houses, and it is safe to follow the English Land Enquiry Committee (Report of the Land Enquiry
Committee (Urban), p. 108) when they say that " it is not likely that such a course will be adopted
' in the lifetime of the present generation." The present housing crisis in Scotland, as well as in the whole
kingdom, is caused by a shortage of houses for the working classes. The problem is to get houses built
in quantities in every district as soon as possible, and to maintain a regular annual supply. Any policy
therefore which would tend to diminish any source of supply, even the smallest, must be looked upon
with disfavour — ^how much more any attack on the largest source of supply, the one which up to this time
has supplied 99 per cent, of the total houses built in England as well as Scotland ?
206. It seems scarcely necessary to discuss the correctness of the statement that municipal housing
tends to restrict the supply of houses provided by private enterprise. Such a discussion would require
a reasoned argument on the subject of mimicipal trading in general, and it is only possible to reiterate
the fact, and to cite the opinion of certain experts in housing. It must be obvious that no person or
company can compete with the practically unlimited resources of a Local Authority on equal terms.
Tenants are tempted to remove to new mimicipal houses, built with good accommodation and let below
cost, the deficit being credited to the public health account or written off as a public improvement, and,
in any case, charged on the rates (Forgie, 25,909 ; Mowat, 25,927, 26,070 ; Whyte, 37,022 ff.), hence
there can be no reasonable doubt that the threat of the extension of house-building by Local Authorities
has been one, at least, of the causes of the present shortage, which is generally referred to as the " failure
' of private enterprise." (Walker Smith, 41,557, (5) (d) ; cf. Paragraphs 77 f. above.)
207. Mr Mann, speaking from his knowledge of Glasgow conditions, says : " If a city commences
' to build houses for the working people it paralyses the private builder, unless the city is building for a
' type that is not otherwise provided for." (Mann, 21,309 ; cf also 21,315 ; M'Vail, 5295, 5313 ; Wilson,
4171.) Going outside the evidence, the following statements are worth quoting from experienced persons
who have identified themselves with housing matters. The late Sir Charles Booth, in summing up his
investigation into the London housing conditions, says that the " futility of municipal action for the
' direct supply of dwellings (in London) on the scale hitherto adopted is patent, and the dangers of this
' coiu-se, if pursued far, are very serious." (Life and Labour, final volume, p. 190.) .
208. In Lord Avebury's evidence before the Select Committee on Mimicipal Trading, he said that
when the London County Council first proposed to erect workmen's houses, the existing companies who
were doing such work on a large scale at once stopped building. The same witness, who at the time
was chairman of the Building Societies' Association, said further that, in his opinion, there can indeed be
little doubt that there are fewer workmen's dwellings now than there would have been if the municipalities
had not built any. (Report of Municipal Trading Committee, Paragraph 1570, Avebury. Cf. Journal of
the Royal Statistical Society, Dec. 1901, p. 570.) Thus, even in London, under the beneficent operations
of the London County Council, their exertions in this direction can be characterised as a " futility " ; and
yet, in the opinion of those best able to judge, these operations have been sufficient to put a serious check
on the supply of houses provided.
209. Hence there is grave difficulty in the policy recommended by our colleagues, that a more direct
responsibility should be placed on Local Authorities for the supply of houses, and that the Central
Authority should have drastic powers to enforce such action. If it is the duty of the Local Authority
in the last resort to supply houses, if no one else does, and if the duty is to be enforced even in the absence
of any complaint from the district concerned, then any obhgation or interest must be removed from
persons other than the Local Authority, and the provision of all small houses will fall naturally to the
latter. Such a policy can be recommended only by those who see no objection to municipal building of
small houses becoming a monopoly.
(2) Difficulties of Supervision.
210. Again and again in the evidence before the Select Joint Committee on Municipal Trading
the importance of outside supervision over undertakings carried on in the public interest is insisted on.
In the supply of food and drugs, as well as housing, the trader is controlled by the municipality, and has
to submit to inspection from time to time to see that he is carrying out the law. So long as trading is
in the hands of a private body, the municipality can control it, but if the municipality itself becomes a
trader there is no one competent to supervise it. (Nettlefold, 42,883.) There can be no doubt
that the primary duty of all Local Authorities is to safeguard the sanitary condition of their towns, and
anything which withdraws their attention from this fundamental necessity of good government is to be
REPORT. 393
deprecated. (Forgie, 26,116.) When municipalities enter along with others to undertake the supply
of commodities, it becomes difficult for them to remain impartial holders of the balance between citizen
and citizen. Thus when the mimicipality takes up house-building its dwellings will fall to be
inspected by its own officials, an arrangement which would certainly not be considered sufficient in the
case of a private company, and which might very well lead to abuse, as the inspection might be much
less strictly enforced in the case of the publicly-owned dwellings than it would be in the case of the
private owner, for the Local Authority concerned will occupy the dual positions of inspector and
inspected.
211. That this is not an imaginary danger is shown by a remark in a recent report of the Enghsh
Local Government Board : " We have occasionally been somewhat surprised at the disregard of certain
' Local Authorities for the byelaws which they enforce in the case of other builders, and we have found
' it necessary to point out that either the byelaws must be amended or they must be complied with."
{Forty-third Annual Report, 1914, Part IL, p. xxxviii.) In such cases the point for criticism is not
that the Local Authority desires a relaxation of byelaws, which may be obsolete and burdensome, but
that it applies an easier standard to its own work than to that of other builders. This indicates that if
municipalities are to become house providers on a very large scale, it may be necessary to take the duty
of supervision and sanitary control out of their hands and place it in those of a Central Authority. This
is a policy for which certain arguments may be advanced ; but we agree with our colleagues in holding
that its disadvantages are such that it is not to be recommended.
212. A further difficulty is that the task of providing all, or the majority of, the small houses of the
community would be such' a vast addition to the responsibilities of Local Authorities, which already throw
a heavy burden on their members in the cities and some county areas, that it would be impossible for an
ordinary citizen to take an adequate share in their work in his spare time. The logical issue would be
not only a great increase in the salaried staff of Local Authorities, but the payment of the principal and
directing members of the Corporations themselves, as is done in Germany. In any case, a complete
remodelling of our representative system, as applied to Local Government, would, on this hypothesis,
seem to be inevitable.
213. Further, if municipal trading is greatly extended, this municipal inspection may be used to
the disadvantage of all rivals. This is definitely suggested by an Edinburgh witness and member of the
Town Coimcil, who regrets that the Corporation were unable to comply with the direction to sell the pro-
perties within ten years of their completion. (1890 Act, Part I., section 12 (5), since repealed by the
Sixth Schedule of the Act, 1909.) No sales having taken place, the " houses are left on their hands with
* a falling rental, to a considerable extent unlet, and of a type not in consonance with modem reqmre-
' ments. Being interested as landlords with imlet property on their hands, they are thus handicapped
' in considering the question of providing additional or improved housing accommodation." (M. Stuart,
19,454 (13) ; Walker Smith, 41,618.)
(3) The Voting Power of the Municipal Tenant.
214. A serious consideration which must be taken into account by the advocates of municipal
housing is the large number of tenant voters which it would create. This difficulty has already arisen
in consequence of the increasing number of municipal employees who are voters, but the evil would
be greatly intensified were municipal building to proceed on a vastly increased scale, as the number
of tenants massed in any one area would be greatly increased. Hitherto the evil has taken the form of
influence brought to bear upon Town Coimcillors on the one hand, and appeals for support from municipal
candidates on the other. In the evidence before the Joint Select Committee on Municipal Trading, a
witness stated that in London scavengers had been promised 25s. a week as wages, as the sort of boon
they might expect if a particular candidate were elected. (Report of the Joint Committee on Municipal
Trading (838).) Now there is no reason on general grounds why scavengers should not be paid 25s.
a week, but it does not seem very desirable that the matter should be brought forward prominently
at an election time by the ratepayers who are to benefit by the increase, or that the return of any special
candidate should hinge on the rate of wages he was prepared to pay to his own constitutents, not out of
the profits of his own business but out of the ratepayers' money, of which he was the trustee. Decisions
on such questions ought not to be influenced by the threat or even the possibihty of votes being affected
thereby. (Report of the Joint Committee on Municipal Trading (842, (3).)
215. If municipahties are to enter into the large business of house- building, their association with
labour difficulties will become more and more pronounced. If the business of housing is to be made to
pay, wages must fall as well as rise, and rents in municipal houses must rise as well as wages and costs
and rates. Tenants in municipal houses will thus be tempted to make common cause with municipal
employees, on the one hand, to have rents reduced, or at least kept at an uncommercial figure ; and, on
the other hand, to provide for the payment of their rents by demanding further increase of wages.
216. The effect on local administration is bound to be disastrous, as the conscientious opponent
on grounds of econopiy of any extravagant schemes must lose popularity, while his place will tend to
be taken by a less scrupulous man, and thus demoralisation will set in. For when the votes of municipal
employees become an important factor the temptation at once arises to increase their number, and hence
false steps in the direction of municipal poUcy are hard to retrace. So real a danger is this seen to be,
that if municipal housing is to be undertaken on any large scale experienced housing reformers have
suggested the disenfranchisement of the municipal tenants. (Mann, 21,402.) If this is hardly a practical
suggestion, it is surely an indication that the number of municipal tenants should be kept at its lowest.
(4) Increase of Indebtedness of Local Authorities.
217. In considering a change of such magnitude as will place the main burden of housing the working
classes in the hands of the Local Authority, it is necessary to take into account the steady rise in municipal
394
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
indebtedness. In the last published Anniial Return of Scottish Taxation, which is for the year 1914-1915,
tables are given to show the growth of Local Authority indebtedness for the period from 1894 to 1915.
If we consider intervals of ten years, we get the following result : —
Year.
Total
Indebtedness.
Valuation of the
Whole of
Scotland.
1894
1904
1914 " .
1915
£
36,650,396
58,931,912
66,896,444
68,027,497
£
24,641,792
30,144,822
.34,080,105
34,459,051
{Annual Returrl of Local Taxation, 1914-1915, Table XX., p. xix.)
Thus the indebtedness has risen by nearly 90 per cent., while the valuation has increased by only
40 per cent. Again the burden of local rates is steadily increasing, as we have pointed out above,
paragraph 62 f. This has been general in burghal, landward, and parochial areas. In burghal areas
the increase between 1893 and 1915 has been 57-9 per cent., in parochial areas 66-2 per cent., and in
landward areas 100 per cent. It is important to keep this general rise in indebtedness in mind, as it
adds to the burden on all house property and must be enormously increased if house-building in the
future is to be, to a large extent, charged on the rates.
218. For it must be admitted that the tendency of a public body is to build very much more expen-
sively than the private builder. This can be seen in connection with the building of asylums, schools,
workhouses, and other public institutions. (Wilkes, 1296 (32) ; Roxburgh, 19,680 ff. ; Mictaggart, 22,959.)
It is true that a public authority can borrow money more cheaply than any one else, and that it seldom,
if ever, charges the full administrative expenses against its undertaking, or the unremunerative initial
expenditure, yet, in spite of these enormous advantages, its building costs are greater than those of private
enterprise. (Report of Committee on Municipal Trading, 1900, Paragraph 1139 ; Darwin, Municipal Trade,
p. 334 ; Mactaggart, 22,948.) Two of the largest Glasgow builders account for the increase in a certain
amount of unnecessarily rigid inspection, together with an unwilhngness to consider closely the greatest
possible economy in the use of materials — ^so much so that an outside builder contracting for a Govern-
ment or municipal job will add as much as 20 per cent, to his usual prices. (Mactaggart, 22,959 ; Mickle,
22,092 ff. ) Similar evidence is given by the Estates Manager of Birmingham City Council, who also thinks
that private enterprise can build more cheaply than a municipahty, " simply because they would not put
' the same work into it." And he adds the warning, which has been borne out by experience, that if
municipalities undertake direct building in order to save the contractor's profits, they might very easily
lose the contractor's profits instead of saving them. (Tart, 25,039.)
219. The evidence of the Engineering Inspector of the Local Government Board is to the same effect.
He thinks there is no advantage in the Government or municipality building directly. He advises that
their function should be confined to the lending of cheap money — " Get the advantage of their money
' and get rid of direct building by the Government." And again he says, regarding Local Authorities,
" They have very good credit, and they can command money at a reasonably cheap rate of interest,
' but their operations are not nearly so economic or satisfactory as private enterprise." (Walker Smith,
41,561.) This statement is illustrated and expanded to show that the essence of cheap building Ues in
the power of prompt decision, and in liberty to adjust and to bargain. This is possible for the private
builder who has freedom to conduct his business as a commercial undertaking, a freedom which it would
be dangerous to confide to a public body or its officials, who must always be restricted by the shackles
of instruction from committees and sub-committees. {Ibid., 41,562-41,567.)
220. Extravagance in detail and in administration is the bane of all municipal housing, and it can
be readily understood that the great temptation of a pubhc body must be to leave on one side economic
considerations. For, if the idea of a burden on the rates be once admitted, the increase of that bxirden
per £ is small by any given addition to the plans, or even by the rise of* wages demanded by the con-
stituents of the Local Authority, but the cumulative effect of this may be very great. As a matter
of fact, as we have already seen, municipal house-building has hitherto in Scotland always been asso-
ciated with want of financial success, and an added burden to the rates.
(C) The Share op Local Authorities in Providing Dwellings.
221. So far, we have emphasised the negative side of the relation of Local Authorities to housing,
as we conceive it ; i.e. the reasons which make it undesirable for them to take the enormously increased
share in the actual provision of small houses which the Majority of the Commission recommend, or which
would follow from their recommendations. We now proceed to develop the positive side, and to show
that there is a very wide sphere in which Local Authorities can give assistance of an essential kind, or
rather of two kinds — by promoting the development of economical building by other bodies, and by
themselves housing certain special and restricted sections of the commimity. We feel convinced of
the importance of both these outlets for municipal activity in housing reform ; and indeed, one of our
chief objections to the undiscriminating extension of municipal building as commonly understood, is
that it will tend to use up resources, both material and directive, which are needed if Local Authorities
are to play their full part along the double line of effort which we have indicated, and which we now
proceed to describe somewhat more fully. Throughout, the criterion which we endeavour to apply is,
REPORT. 395
How can the communal resources to which we refer be so utilised as to benefit the community as a whole,
and not merely certain selected individuals ? Both forms of municipal effort to which we direct attention
satisfy this test — ^the provision of transit, the development of land, and assistance in the initiation of
housing schemes, because such services can be undertaken on a wide scale wherever new dwellings are
required ; and the provision of housing for certain of the less fortunate members of the community,
because the whole community will suffer if their needs are not met.
Assistance in the Preliminary Stages of Housing Schemes.
222. (1) We have already stated the case for the purchase and development by Local Authorities
of land suitable for building when favourable opportunity offers, and also for the promotion by them of
cheap and rapid transit. In regard to development, we need only add that, in the provision of drainage
at least, some municipalities have already given much assistance — e.g., in Dundee the Corporation pro-
vides sewers for all land in course of development for housing. (Thomson, 35,766.) But roads as well
as sewers are necesary before building can proceed or houses be occupied, and their construction, with
the laying out of adequate open spaces, is a direct communal service. The Engineering Inspector to
the Local Government Board pointed out in this connection that encouragement might be given to
builders, and much expense might be saved, if the Local Authority would look " sympathetically and
' intelligently " at the matter of development, which has in the past been carried on on such expensive
lines that street-making and sewerage expenses in some cases amount to £50 per house. (Walker Smith,
41,606.) Other witnesses {e.g. Nettlefold, 42,925 f.) agreed that there should be a close co-operation
between the Local Authority and the company or individuals preparing to build, and that the functions
of each should be clearly defined, so that there may be no loss through friction or the sense of rivalry.
Co-operation of Municipal and Private Enterprise.
223. That this possibility of co-operation is not confined to the erection of houses on newly developed
sites, but may extend to improvement and rehousing schemes, is shown by the Bay Area Improvement
Scheme in Port-Glasgow, which resulted from action first taken by the Medical Officer of Health in 1900,
but which was not finally carried out until 1909 and the succeeding years. This is, in proportion to
the population of the burgh, the largest and boldest improvement scheme yet carried out in Scotland — ■
or possibly in Britain, — since the population dealt with numbered 2005, or between one-eighth and one-
ninth of the total population of Port-Glasgow, a percentage about eight times as high as those dealt
with under the municipal housing schemes of Liverpool, Glasgow, Greenock, or Perth. This is also one
of the very few schemes in which the families from the demohshed slums have been actually rehoused,
and have not simply been turned adrift in order to make way for respectable working people. (Campbell
Munro, Appendix CXXXVII. (28).) This scheme was carried out through the co-operation of a public-
spirited firm in Poi-t-Glasgow (Messrs Lithgow) with the Town Council ; and it was the enterprise of
the late Mr Lithgow in undertaking (1) to contribute £10,000 to the cost of clearance, (2) to purchase
the cleared site, which ultimately cost £17,900, and (3) to erect modern dwellings for the dispossesed,
which made this sweeping improvement possible. Thus, while the burgh rates are burdened to the
extent of 5-|d. per £ — ^the larger portion of which is set off by increased valuation — ^the main burden has
been borne by a firm within the burgh ; nor does there seem any reason why Poil-Glasgow should stand
alone in this respect. (Campbell Munro, Appendix CXXXVII. ; 37,413 ff.)
224. Another instance on a much smaller scale is that of Strathaven in Lanarkshire, where a Town
Improvement Committee, representing the inhabitants generally, has co-operated with the Middle Ward
District Committee and the Parish Council in carrying out street widenings, and in purchasing and
removing the worst among the many old buildings in the town, with great advantage to its appear-
ance and prosperity. In this case landowners and houseowners were approached on giounds of local
patriotism, and helped willingly, the former by granting new feus at low rates, and the latter by accepting
moderate compensation for insanitary or obstructive properties. Here the improvements stopped, as
no one was prepared to erect cheap cottages ; but the work actually done points to the benefit of enlisting
general interest and unofficial co-operation rather than relying on official action alone. (Whyte, 36,834
(148).)
225. (2) There are also various techmcal matters in which the smaller builder, as distingmshed
from the " speculative " builder on a large scale, might obtain assistance, especially if he is building a
house or houses one of which he intends to occupy himself. Such are the acquisition of a site, the con-
veyance of a title, or advice regarding plans and specification — matters which a skilled official could
handle rapidly, but which may cause much worry and expense to the " small man." (Moffat, 27,240.)
These are also matters which lie right in the path of the town-planner of the future, so that the additional
labour caused to the official would be very small, and perhaps even negligible, in comparison with the
benefit conferred.
226. (3) Another suggestion which does not strictly come under this head, but which it is necessary
to mention here, is that the larger Local Authorities should each keep a Housing Register, open to the
public, and showing the amoimt and character of accommodation in vacant houses, as well as the rental.
This would be convenient to those looking for accommodation, and would also have a valuable effect
in stimulating landlords to keep their dwellings in good order. As the previous suggestion connects
itself naturally with the duties of Local Authorities in the sphere of town-planning, so the idea of a
municipal register links itself on to the duty of inspecting all small houses regularly, laid down in the
1909 Act, and with the provision in the same Act that every lease of a small house shall be taken as implying
the condition that it is in all respects habitable at the beginning of the lease. (Sections 14, 17.) If these
provisions were fully operated, the materials for a pubhc register such as we recommend would be
already there. Indeed, it seems almost essential to the. full effectiveness of section 14 of
the Act.
396 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Provision of Houses for Special Classes.
227. We now pass on to the work lying to the hand of the Local Authorities in providing special
types of dwelling.
(1) Common Lodging-Houses.
In the course of our visits we saw the common lodging-houses provided by various Corporations,
especially those of Glasgow, Leith, and Aberdeen ; and we also saw the " Family Home " erected by
the Glasgow Corporation for the accommodation of widowers with young children who cannot easily
make other arrangements for their housekeeping. The question of common lodging-houses has been
dealt with in the Majority Report, Chapter XIII., and here we need only add that the common lodging-
houses of the Corporations referred to struck us as favourable examples of a most depressing type of
dwelling. (Cf. M. Hay, 41,334 (55).) As long as there is need for common lodging-houses, there is
much to be said for their provision by Local Authorities, although— as we have already pointed out —
this is a special kind of work which can be, and has been, most effectively carried out by the Churches,
and in some ways it seems to make a very strong appeal for their assistance. The sense of degradation,
of homelessness, and of social disintegration, which haunts even a well-equipped " Model," may more
readily be dispelled by the Churches or the Salvation Army than even by an enlightened Corporation.
Yet we would not exclude the latter from this field in case of need.
(2) Probationary Housing.
228. In the municipal lodging-house a Local Authority makes provision for the homeless and
vagrant class of the community ; but there is another class to be considered, who are not strictly home-
less, but who do not know how to make, or keep a decent home. They are the small class of destructive
tenants who are the despair of the ordinary landlord. We do not refer to those who may on rare occasions
break the bounds of ordinary restraint and then live peaceably for months at a time, but to the habit-
ually unsatisfactory tenants, " the work-shy," or those described by the Housing Manager to the
Glasgow Corporation as, " the ins-and-outs, who go in and out to the poorhouse or the prison, recuperate
' there, and come out again . . . and who are hopeless as far as sanitary administration is concerned."
(Menzies, 20,605-7 ; cf. A. Fraser, 14,884, 15,078.) But if the sanitary officials find them hopeless, stiU
more does the landlord ; nor does it seem probable that, even if the more stringent measures which we
concur in recommending (Majority Report, Chapter X.) were taken against wanton destruction of house-
property, the private proprietor could exercise an effective control over them.
229. Hence there has arisen a demand for special action by the municipalities, who might provide
houses where such tenants would be under a measure of strict control. The scheme brought before us
was especially advocated by the late City Engineer of Glasgow, Mr A. B. Macdonald, who gave evidence
in its favour, and was adopted as a recommendation by the Glasgow Municipal Commission on the
Housing of the Poor which reported in 1904. After dealing with the rehousing " of respectable people
' of the ' poorest class ' " the Commission went on to recommend " that an experiment should be made
' by the Corporation in the erection of a building or buildings on the Unes laid down by the City Engineer
• to be reserved for those, who, while unable to show any factor's line or other certificate, were wilhng
' to submit to necessary regulations as to cleanliness, respectable hving, order, and punctual payment
' of rent, with a view to rehabihtating their characters and in time qualifying for a better house. The
' houses should be of the plainest construction, with indestructible fittings, and should be capable of being
' quickly and efficiently cleaned." (Recommendation No. XIII.)
230. This experiment has never been carried out, but it was recommended afresh by Mr Mann,
Secretary of the Glasgow Workmen's Dwellings Company, and by Rev. Dr Watson, St Clement's Parish
Church, both witnesses of wide experience ; and, outside Glasgow, by the late Colonel Fraser, who spoke
in the light of experience in Inverness. (Fraser, I.e.; Mann, 21,207 (70-78, 105-7), 21,293-8; A. B.
Macdonald, 21,700 ff. ; Watson, 22,379 (10), 22,502 H.) Mr Mann pointed out that in the main those
who found their way into the Corporation's properties were the respectable tenants, and that this in-
creased the burden on the private landlord by leaving a somewhat larger proportion of the unruly,
members of the community for him to house. He suggested that the reverse process should now be
tried — to " make more room for decent tenants by pressing out the bad, — the city having first provided
' a new type of house for the latter. . . . The structure would be plain, of a certain rudimentary
comfort, but built of the stoutest materials, easily scoured, hosed, fumigated, and disinfected, with
a minimum of removable fittings and a maximum of strength, each block sufficient for one resident
caretaker and his wife to control, and no more. . . . The duties of caretaker in such buildings would
be a combination of landlord, policeman, and sanitary inspector." The witness argued that any
deserving family who, through some misfortune, might find their way into such a block would speedily
be recognised by the caretaker, and would be at once placed in touch with the appropriate charitable
or reheving agency. He also held that the existence of a few such houses, even if they stood empty,
would be of advantage in removing excuses for slack administration, as persistent overcrowding by
tenants, or the keeping of a dilapidated house by the landlord, could no longer be excusedjon the ground
that there was no place to which an evicted tenant could find his way.
231. There are three different criticisms on this scheme which require consideration, (a) It may
be objected that, in providing such houses, the Local Authority would be doing more for the disorderly
and destructive tenant than it does for the steady and hardworking man. To this it may be rephed that
the proposal differs from the ordinary type of municipal housing, under which one working man may
have to pay in rates some fraction of the cost of houses provided at a loss for others whose circumstances
may be more favourable than his own. For the scheme of disciplinary housing applies to a class who
already cost the commimity large sums in destruction of property, and in the maintenance of pohce and
prison estabUshments ; and if they could be brought under regular control, there would almost
certainly be an economy in the end. Nor would the house be in the ordinary sense a " better
REPORT. 397
' class of house," but one " that would be practically indestructible." (Fraser, I.e. ; A. B. Macdonald,
21,711 fE., 21,765.)
232. (6) The second criticism, which in effect answers the first, was advanced both by the Chief
Sanitary Inspector of Glasgow and by the Corporation's Housing Manager. It was that the tenants
aimed at would never go into such houses. Supervision and control are the last thing that they will
face, and they would give the disciplinary houses a wide berth. (Fyfe, 20,077 f. ; Menzies, 20,520,
20,604.) Consequently both witnesses recommended the farm colony as more appropriate. But this
somewhat misconceives the scheme — at least in the form in which the Glasgow Municipal Commission
adopted it. For they had in view that some indication should be given that the tenant was willing
to accept the supervision proposed. Mr Mann suggested that able-bodied couples without children
should not be admitted, but that " the presence of children should be sufficient indication of at least
' an attempt towards family life." (21,207 (77).) For able-bodied men the farm colony would perhaps
be more suitable. Whether or not this rule were adopted, the refusal of any man, who had proved him-
self troublesome and destructive in a privately owned house, to enter one of these controlled dwelhngs
would constitute a strong friina facie case for his being more severely dealt with by the police. But in
regard to those who proved willing to enter, Dr Watson expressed the belief that the regularity and
discipline there enforced would have a valuable educative effect.
233. (c) A third difficult)'' turns on the question what resource would remain for those who, for
failure to pay rent regularly or any serious breach of discipline, might have to be ejected from one of
these disciphnary or probationary homes. {Cf. Watson, 22,506.) It may be said in the first place
that the city would have fulfilled its duty to the family in question, and that no private landlord would
be wilUng to take a tenant who came from these dweUings unless he brought a certificate from the care-
taker that he had quahfied by good conduct for a normal tenancy. As things stand at present, he might
drift back into a farmed-out house ; but if the latter type of dwelling is more successfully controlled in
the future under the new powers which the Commission has unanimously recommended (Majority
Report, Chapter XIII.), the ejected tenant would find it difficult to find a foothold even there. In this
event he might return to the pirobationary dwelhng the wiser for his experience, or, faihng this, there
would again be ground for interference by the police. Difficulties regarding non-payment of rent would
be met if the dwelhngs were made rent-free, wiUingness to submit to control being taken as the moral
equivalent of a cash payment. But this would remove their educative value in an important direction,
and on the whole we are inclined to hold that the scheme would be most hkely to achieve success in the
form advocated by Mr Mann and Dr Watson.
234. This is not a matter on which legislation is necessary ; but we recommend it to the careful
consideration of certain of the larger municipalities, who should take it up as an important educational
experiment — an experiment not unattended by difficulties, but one which holds out the hope of at least
a partial solution of an exceptionally difficult problem, and which would render easier the control of
occupancy in the most congested districts of the cities.
(3) Special Provision for Invalid Householders.
235. It was strongly brought home to us that many cases existed, involving great individual hard-
ship and also grave danger to public health, in which the problem of securing suitable housing is greatly
intensified by the prolonged illness of some member of the family. This is especially the case in regard
to pulmonary phthisis ; and if the wage-earner is attacked, the problem is rendered more acute by the
diminution of family earnings. The modem method of dealing with phthisis depends greatly on the
possibihty of effective treatment in the home, either at an early stage of the trouble when it may still
be readily checked or after the patient has been for a time in a sanatorium and has benefited by the
treatment there. But both in the cities and in crofting and fishing districts it was represented that
adequate domiciliary treatment is frequently quite impossible. (Cf. MacEwan, 13,995 (18), 14,180.)
We do not here refer in detail to the problem in view of the statements by the Majority (Paragraphs
649 if.) ; but we desire to point out that the terrible conditions referred to are by no means confined to
one-room houses.
(4) Housing of Public Servants.
236. We hold that in normal circumstances, and where there is an adequate supply of privately
owned houses, the growing number of workers employed by the larger Local Authorities will most
naturally and satisfactorily find accommodation in them. Further, the steady wages and security of
employment enjoyed by these workers make them particularly well able to join a copartnership or
building society, and so to become joint or sole-owners of their dwelhngs.
237. There is in this respect, however, a considerable difference between conditions in town and
country ; and in the more scattered rural districts the evidence submitted to us showed clearly that
hardship has been incurred both by employees of district committees and of the Post Office through the
lack of suitable houses. The housing of rural postmen falls slightly outside the subject of this chapter,
but this seems the most convenient point at which to refer to it. The department has been accustomed
to provide houses for many postmasters, deducting 14 per cent, of their salaries, but it has always
disclaimed responsibility for the housing of postmen and other employees, however great the difficulty
they may have in finding dwelhngs.* In certain cases, of which particulars were supplied to us by
representatives of the Postman's Federation, and in others which we met in the course of our inquiry,
serious hardship has been caused ; and in some districts unmarried men have had to be employed in
place of married because the latter could not find dwellings. We were informed of one case where a
postman's house was damp and unhealthy, and he was told that he could remove to a village two miles
away, but that no assistance could be given with removal expenses, and that, if he preferred to remain
in his existing house to the detriment of his health, it was possible that he might lose his right to sick
* Kirkwood, 3838, 3885 fif. ; cf. C. H. Stuart, 3777.
398 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
pay and free medical attendance.* It was stated, on the other hand, by the Secretary to the Post Office
in Scotland that the cases of hardship were comparatively few^ — about 50 as compared with 5530 full-
duty postmen in Scotland ; but that if the principle that the Post Office must build were admitted even
in cases of " proved necessity," it would be difficult to limit these. He also argued that the provision
of special houses for rural postmen would tend to " stereotype services " to an undesirable extent and
prevent elasticity of administration.!
238. In spite of these objections we think that a case has been clearly made out for the provision
of dwelhngs by the department where no suitable accommodation exists. It is not altogether desirable
that Government servants should occupy houses that may be needed, or at all events might with advan-
tage be used by workers in agriculture or rural industries ; while, if a genuine house-famine exists and
the Local Authority is forced to build, it is obviously inexpedient that the housing of postmen should form
a possible burden on the rates. Thus we think, here differing from the Majority, that the responsibiUty
should rest with the department in cases of " proved necessity " of providing dwelhngs for their men.
This might in some cases be done by arrangement with the Local Authority, who could take over any
dwelling from the Post Office if it were no longer required owing to a change of methods of working.
239. But the principle that the landward authorities should, in the absence of suitable alternative
accommodation, build for their roadmen and other servants — a principle which we accept as fuUy as our
colleagues (see Majority Eeport, Chapter XV.) — ^has its application in the towns also. For in them there
is frequently a scarcity of satisfactory houses, and it may happen that a new power-station or tramway
depot is erected in some district where there is no vacant accommodation. In this case we hold that
the Local Authority should accept the same responsibility as any large employer who brings a new popu-
lation to a district where houses are not to be found, and should itself provide them ; although, indeed,
the better course would be that, instead of building and managing them directly, it should either give
active encouragement to the founding of a building or copartnership society, or, after building the houses,
should hand them over — ^as we suggest in the next section — for management by a tenants' society.
Advantages of a Definite and Eestricted Housing Policy on the Part of
Local AtriHORiTiES.
240. The duties which we have assigned to Local Authorities are already numerous and important,
but it still remains to define our attitude to the double question, What is the duty of the Local Authority
to the well-paid artisan and to the worker with an inadequate wage and a growing family to house,
clothe, and nourish ?
241. As regards the well-paid artisan, the question has been in the main answered in paragraphs
222-6. We hold that it is the duty of the Local Authority to take advantage of the improved machinery
which we trust will be set up in the near future, in order to secure that cheap and well-developed build-
ing sites are made available ; and we further hold that, in areas where burdens are heavy and special
difficulties exist in regard to (e.g.) water-supply, a case may be made out in favour of special grants for
development from the national exchequer. If Local Authorities proceed along these lines, the well-
paid artisan, who can afford a house of three or four apartments in an open site, will benefit directly,
and will be able to move away from the two- or three-room tenement flat in a crowded district which
he at present occupies.
242. If further encouragement is needed to stimulate the building of small houses on newly developed
land in the suburbs, this may be given by the municipal purchase of land in advance and its lease to
building and copartnership societies at cheap rates (Paragraph 134 f. above). The Local Authority
may also give assistance in the initial stages of such societies ; and in certain cases we would endorse
the suggestion of Mr Malcolm Stuart (referred to in the Majority Report, Chapter XXVI., and given in
detail in the evidence 19,454, (15 ff.), 19,632 if. ; cf. Roxburgh, 19,673 ; A. H. CampbeU, 41,170
(22-30), 41,212 f.) that the Local Authority may build the houses, on condition that they are handed
over to the copartnership society for maintenance and management as soon as the tenants' contribu-
tion reaches a certain proportion of the value of the house. This proposal is indeed open to the objection
that municipal building always tends to be needlessly expensive ; but, while we consider it on that
account somewhat of a second-best policy, we recognise its two great advantages : (1) that it draws out
the effort and the interest, both moral and financial, of the occupiers in the successful management of
their dwellings, and so avoids the usual conflict of interest between landlord and tenant — a conflict
which exists in the case of municipally as well as privately owned houses — ^while it makes the entry
of the municipahty on this region of house-building contingent on the expression of a definite demand ;
and (2) that it relieves the officials of the Local Authority of the task of routine management, while
leaving them their primary duty of sanitary supervision, and thus sets their energies free to direct further
developments elsewhere.
243. Taking the two main divisions which we have considered — the general assistance and fostering
of housing enterprise, and the provision of houses in special and limited cases — -it will be seen that, while
the field of housing activity which we recommend should be left to Local Authorities is carefully defined,
it is exceedingly wide ; nor does it seem probable that, when they have cultivated it all, they will desire
to assume further responsibilities of great magjiitude. We hold that it is of the first importance that
the main lines of their future housing policy should be so defined ; and that it should be understood
that the activity of the Local Authority must have as its complement some corresponding effort by
outside bodies, and especially by those for whom the houses are to be provided. Under the policy
which we have sketched this would be made clear, and we therefore hope that the necessary effort would
be drawn out. But if it is understood that improved houses will be provided for all who need them
by the sole action of the State or Local Authorities at rents no higher than those usual at the present
time, then we hold that all private and co-operative effort will be dried up at the source ; and there is
* C. H. Stuart, 3769 ff. ; cf. Milne-Home, 29,858 ; Hair, 38,479.
t Kirkwood, 3838, 3892.
REPORT. 399
a grave danger that expectations will be aroused and demands encouraged which even the great resources
of Central and Local Authorities working together will be unable to satisfy.
(D) The Housing of the Dispossessed.
244. The last and most difficult question in this section of our inquiry is, what assistance are
Local Authorities to give to the worker whose wage is not sufficient, or is too irregular, to provide ade-
quate house-room for his family ? With this is closely connected the question of rehousing those dis-
possessed by the voluntary or compulsory closure of the many houses still remaining in our cities, towns,
and even villages, which cannot be made habitable. It will, however, be sufficient to consider the latter
problem as it exists in the cities where it is most complex.
245. We faike the latter question first. The most obvious pohcy is to rehouse the dispossessed on
or close to the area on which they previously lived, in new dwelhngs on the capital cost of which a full
return is not expected, the deficit being charged to the rates. This is the Liverpool system ; and, while
we should not care to say definitely that it can never be justified {e.g. where dock labour must be retained
in a given district), we do not consider, for the reasons already given, that it can generally be taken as
the best working model. At the other extreme is the proposal that the dispossessed should be taken by
improved means of transit to new houses to be erected for them in the outer ring. This is open to the
objection of experienced witnesses, quoted in the chapter on Transit, that, at least for a considerable
time to come, the labourer must continue to hve in a comparatively central position, where he has a choice
of employment open to himself and his family. In any case the transition from a one- or two-room
dwelhng in a crowded stair to a modern cottage in a garden suburb would be too abrupt ; and, whether
or not the tenant benefited, the cottage and garden would almost certainly suffer.
246. Our view is an intermediate one. We do not favour rehousing on the area cleared as a general
rule ; for, except in the largest clearance schemes, this will be needed as open space or playground, or
for some other public purpose. We rather hold that there must be a process of " moving up," which
will also involve " moving out." The provision of houses on the outskirt of the cities must proceed
•pari -passu with, or even precede, the closure of slum properties ; but the latter must not lag too far
behind, as, apart from its extreme urgency, it provides an expulsive force which is needed to supplement
the attractive force of openly situated cottages in the suburbs. We hold that the latter will be occupied
by well-paid artisans, clerks, and others, whose previous standards will make the transition from a small
tenement dwelhng to a cottage or flatted cottage with garden-plot easy and natural. This will leave
dwellings free in the city, which will naturally be occupied by those with lower wages. It is indeed pro-
bable that there will be more than two — perhaps more than three— removes between the occupant of the
new suburban cottage, who vacates his tenement dwelhng, and the occupier of the condemned slum house ;
but the principle remains the same, and tenants of the type last named will find the accommodation now
at their disposal a marked improvement on that with which they have had to be content hitherto.
(Briggs, 33,975 ; Stirton, 35,505 ff. ; J. Ritchie, 36,728 (8) ; Vivian, 40,571 (88) ; Coutts, 42,035 ; c/.
Aldridge, 41,776 (16.)
247. It may still be asked whether it would n'ot be better that they should be completely removed
from their slum surroundings to new houses on fresh sites. Ideally, perhaps it might ; but practically
we hold that Miss Octavia Hill's policy of gradual amelioration is the wisest. Nor need we ignore the
magnitude of the change from the worst type of slum dweUing to two or three rooms on a decent stair,
which it is the hope of the poor, and perhaps somewhat feckless but well-intentioned, housewife some
day to move into. In this connection it is worth noting that the common phrase a " class stair " means
less a stair where the lobbies are well lit and the plaster is all intact, than one in which the neighbours
are quiet and do not change every three months, and drunken rows are unknown. Similarly, " a bad
' stair for the children " has less reference to fresh air and sunlight than to the general standard of the
neighbouring famihes.
248. We do not in the least minimise the importance of the structure and position of the house ;
but, in considering the question of rehousing the dispossessed we are justified in assuming that the houses
to be closed are the worst, and therefore that those which remain will be an improvement upon them,
especially if some degree of reconstruction is carried out on a plan approved by the officials of the Local
Authority. If the former inhabitants of the houses passed for reconstruction are first enabled to move
upward by the provision of modern houses on new sites, the tenants actually dishoused from the con-
demned dwellings will clearly benefit.
(E) The Problem of the Worker Earning a Low Wage.
249. There remains the problem of the worker who earns a wage insufficient to provide for his family
the standard of housing which will, we trust, become general in the near future. Such families will fre-
quently be among those dishoused by the abohtion of existing slums, or may be in the class of dwelhng
above the border line of habitability which, as we indicated in the last section, may require considerable
reconstruction. One form in which this reconstruction may be carried out is that of combining two
single-apartment dwelhngs to form a two-room house, or houses of one and two rooms respectively to
form a three-room house — a process of improvement which is the exact opposite of the process of sub-
division which has done so much harm. In any case the improved standard of accommodation will imply
some increase of rent, compared with that which the families entering these dwellings have previously
been accustomed to pay. In thousands of cases the raising of the standard of air space and the stricter
control of overcrowding which we recommend will lead to the same result.
250. Thus the problem of the worker with a low or irregular wage, which was difficult before the war,
will become more difficult afterwards if nothing occurs to improve his earning capacity ; but we believe
that in many cases the effect of a regular and health)' hfe in the Army, or of regular employment on work
at home during the war, will have greatly improved his capacity — that thousands will remain permanently
at a higher industrial level. But in the case of the less fortunate worker, who has failed so to improve his
400 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
industrial status, if we assume that he has a family of four or more children, and that a three-room house
becomes necessary before the older children have begun to earn, such a house would not be f)btainable
in the cities at much less than 5s. per week, inclusive of rates. But assuming that he is earning 25s. per
week regularly, this will involve the expenditure of one-fifth of his income on house-room. This seems
too large a proportion (though it is frequently exceeded in London), as, even in a household where the
man is steady and the wife a good manager, the margin is sufficiently narrow for the provision of fuel,
lighting, clothing, and, above all, food for a growing family. Nor can we overlook the facts that it may
be long before prices of food revert even to their pre-war level, and that the demand of our educational
leaders for the raising of the school age will cause considerable hardship in many poor families by post-
poning the age at which the older children can supplement the family income.
251. Further, there are the considerations arising directly out of the war. There is the imiversal
feeling, eloquently voiced by the Right Hon. Walter Long in his reply to a housing deputation on Sep-
tember 20, 1916, that the men who return from the hardships and dangers of the trenches — many of
whom were recruited from the class to whom we specially refer — must return to better housing conditions
than those which they left. There is also the need for children to fill the great unoccupied spaces of the
Empire, and to make good in the next generation the losses to this generation through the war. But
there can be little doubt that the raising of the standard of house occupancy — whether by the parents
themselves, or by landlords who refuse to take families with children, or by sanitary authorities who in-
sist on a higher standard of air space or room accommodation — is one of the many causes which tend to
produce the decline of the birth-rate. It is not impossible that measures may be taken to check this
tendency, and to secure an improved housing standard without a concurrent decline in the birth-rate ; but
the members of the recent National Birth-rate Commission seem to have been left in no doubt as to
the existence of the tendency itself. (Report of the Commission, Section III., Addition to the Report,
pp. 74-8. Cf. Minutes of Evidence, pp. 195 f., 218 f.)
252. It is necessary to give full weight to these problems, present and prospective ; and there appear
to be only three possible ways by which they can to a great extent be met, although, if special provision
is made as indicated above for the physically incapacitated, and for the destructive and disorderly, the
magnitude of the problem will be coasiderably reduced. {Cf. Chalmers, 20,370.) These possible
policies are : —
(1) Increase of wages.
(2) Subsidising of the house.
(3) Subsidising of the householder.
(1) Increase of Wages.
253. The unskilled and poorer-jmid working man realises low weekly earnings compared to those of
the skilled workman, who is usually a member of a trade society, and reaps the advantages derived
from the better organisation of industry ; and the opinion may be reasonably expressed that wages will
not fall so low as they have done in the past, and that gradually the unskilled workman will improve his
position and be able to spend more than he has done in the past on his house. Such a result would be
preferable to the other alternatives, since it preserves the independence of the family, and saves the com-
munity from a permanent burden. Suggestions have been made for the establishment of a universal
minimum wage ; but although we do not feel competent to discuss this proposal fully, and it may be
considered as not coming within the scope of the reference to the Commission, we cannot forbear to
point out that it might to a considerable extent neutralise itself by causing a general rise in prices, and
that it would certainly lead to the loss of employment by many workers of low efficiency whose industrial
value would be below the proposed minimum, and also to the " throwing out " of many of the older workers.
{Cf. Eunson and Wilson, 18,048 ff. ; Climie, 24,231 (13 f.), for a legislative minimum wage. G. M. Stuart,
19,600; Chalmers, 20,384, criticisms.)
254. Thus a full solution can only be found through the improvement of the industrial capacities
of the less efficient and less well-organised workers. In this connection it was pointed out by Mr Vivian
that the difference between the rent of a suitable house and the rent that the worker is prepared to pay
is often only one shilling or two shilHngs a week ; and he added, " I have not met the worker of average
' intelligence yet who, with proper organisation and advice, could not improve his efficiency, and therefore
' his earning power, by more than the figure mentioned, if he will heartily accept the principle that efficiency
' and economy in the use of his time and energy is a thing it is his duty to work for." (40,571 (89), cf.
40,614.) Mr Vivian admitted at the same time that the " misfits " and the really inefficient " must
' be dealt with on a philanthropic basis by the community."
255. It may, indeed, be asked whether on either supposition — that of a compulsory minimum wage,
or that of a gradual improvement of earning power — there is any guarantee that part of the increased
wage would find its way into the rent of a better house. .Might it not be spent either on some indulgence,
or on some other form of utility ? It may thus be claimed by the advocates of subsidised housing that
their proposal is necessary to ensure that the improved housing is actually taken advantage of. To
this it is probably a sufficient reply that the higher wage will not of itself secure improved housing — ■
witness the condition of certain industrial districts where wages are both high and regular — but that it
will do so in conjunction with three other indisp_«isable factors : — ^a rising standard of comfort and educa-
tion, stricter sanitary administration, and the actiial provision of better houses, all of which are closely
related to or are dependent on improved earning power. If better houses are available, and wages are
sufficient to pay the necessary rental, it will be possible for the sanitary officials to take drastic action
against any man who seriously stints his family in house-room. But we hope that it will become less
and less necessary for such action to be taken, as education and the growth of " house pride " bear full
fruit. One form of this would be the extension of saving before marriage, for, as Mr Roxburgh pointed
out, the acute problem of a man with a wife and seven children to support does not come into existence
m a day, and if he had been accustomed to pay 6d. a week into a tenants' society, his later difficulties
might be greatly minimised. (Roxburgh, 19,551.)
REPORT. 401
(2) The Subsidised House.
256. If houses are to be provided at less than cost price for any considerable section of the community,
this must presumably be done— as it has been done in the past — -by the Local Authority. The objections
to this policy have already been indicated. It is difficult to secure that those entitled to benefit shall
do so, and perhaps even more difficult to exclude those who are perfectly well qualified to find accommoda-
tion in the ordinary way. It throws an added burden on those who live above the hmit of assistance, and
who have in many cases a hard task in educating as well as feeding and clothing their children. It is a
disguised subsidy, and, many authorities hold, is in effect a grant in aid of low wages. Moreover, it tends
to fo^ a permanent burden ; for neither in Ireland nor in Liverpool have rents been raised when the
circumstances of tenants have improved. If the loss were to be made good by grants from national funds
raised by the taxation of surplus wealth, the injustice as between difierent classes of workers would be
diminished ; but the fear of rising rates, which is the normal check on extravagant municipal expenditure,
would be removed, and it would be increasingly difficult to secure economical building and management.
The disadvantages are minimised when tenants with famiUes are encouraged in municipal buildings
and an income limit is enforced — we were informed that in the Glasgow Corporation's properties this
limit is somewhat extended in the case of large families or of those containing invahds (Menzies, 20,465 fE.)
— ^for in this case there is a guarantee that the burden on the rates does actually benefit those who need
assistance ; but even so, we hold that the dangers of an indirect subsidy are serious, and if it is spread
widely enough it may cause a rise in other costs of living, (Vivian, 40,606.)
(3) Subsidy to the Householder.
257. Thus we are forced to examine the other possibihty, that of a subsidy to the householder. In
the Addition to the Report of' the National Birth-rate Commission (p. 77; cf. Evidence, pp.j 140, 395),
the members of that body, with only two or three abstentions, bring forward a suggestion that State
bonuses for families, when the earnings do not amount to £100 or £120 a year, should be given for all
children who attain the age of fourteen years, to secure further education, or a better start in life. It
seems to us that it might be possible to provide on somewhat similar lines for the assistance of large famihes
during the years when the children require a full share of house-room, but have not begun to work for
wages. The object would be to secure the health and physical development of the child, just as our free
education system is designed to secure his mental growth. In this case it could hardly act as a subsidy
to low wages, as it would only apply to the minority of workers— those who had a fanuly of not less than
three or four children (at least two being of school age) to support. It might be hmited to the difEerence
between the average weekly rent of a two-room dwelhng at the present time, and the higher rent which
would be requisite for the proper housing of the family on a higher standard to be enforced in the near
future. It would have the advantage of being a direct and avowed subsidy for a clearly understood
purpose, and could thus be effectively hmited m scope.
258. As such a policy would be adopted primarily in the national interest, the cost, or at least the
greater part of it, should be borne by the State {cf. Or. M. Stuart, 19,596) ; and, indeed, in view of the
urgent need for the rehef of local rates, we could hardly advocate that a fresh charge of this kind should
be thrown upon the ratepayer. But such grants would need to be administered by the Local Authority
on a report from the sanitary inspector that the house was sufficient in size for the family, and was
kept in good order. The grant might in this way be used as a lever to secure a rising standard of house
maintenance ; while it might also serve in some degree to overcome the prejudice on the part of house
owners against large famihes if they knew that they had some security for the punctual payment of rents.
We are by no means imaware of the difficulties surrounding any such schemes. But as an emergency
measure to meet the needs of the children of the future, we consider that it is less open to objection than
the wholesale erection of rate-aided dwellings. If there is to be any subsidy, it is a great matter that
it should be undisguised, and -that the nation should know where it begins and ends, and whether it is
attaining its professed object. But in our view the one finally satisfactory pohcy is to take special
measures for those who are definitely handicapped by illness or some other unavoidable disability, and to
seek by industrial organisation and education to render all other citizens able to discharge their responsi-
bihties without subvention.
Recommendations.
(1) We recommend that Local Authorities should give ail the assistance in their power in the uiitial
stages of housing schemes ; and that they should do so, not only by the purchase and development of
building land where circumstances are favourable, but also by giving technical advice to intending builders
and by instituting municipal registers of small houses. (Paragraphs 222-226 ; cf. Chapter V.,
paragraph 272.)
(2) We recommend that certain of the larger Local Authorities should estabhsh schemes of " pro-
' bationary housing," i.e. dweUings for tenants who have more than once been convicted of destroying
the fittings of their houses, or of such other offences as indicate that in the general interest they
should be housed under the more immediate supervision of the Local Authority. (Paragraphs
228-234.)
(3) That Local Authorities should definitely assume the responsibihty of providing dwellings in healthy
and airy situations for invahd householders, or famihes where, owing to the prolonged illness of one or
more members, a higher standard of accommodation is required than the family resources can secure.
(Paragraph 235.)
(4) We also recommend that Local Authorities, both urban and rural, shall assume the responsi-
bihty of providing dwelhngs for their own employees in all cases where, owing to the isolation of the district
or other causes, no sufficient accommodation is provided by private or co-operative enterprise. We
would extend this recommendation to cover the case of rural postmen and other employees ofpubhc
departments in the more isolated districts. (Paragraphs 236-239.)
26
402 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(5) We do not recommend that, as a rule, Local Authorities should provide for the well-paid worker ;
but, where the measures under subheading (1) above are insuiBcient to secure the provision of suitable
dwellings by private or co-operative enterprise, we consider that Local Authorities may, in addition
to developing the land, erect dwelhngs and take steps to secure the formation of co-operative societies
which could take over and manage these when they are completed. (Paragraph 242.)
(6) As regards the housing of the famihes dispossessed by the clearances of slum property, which
are greatly needed in many Scottish towns, we recommend that the policy followed should, in the main,
be that of " moving up " ; i.e. that everything should be done to promote in open suburban surroundings
the provision of dwellings for the better-paid artisan, so that the houses vacated by this class may become
available for those poorer tenants who may lose their dwellings through closing orders or improvement
schemes. In case of properties which are sufficiently sound in structure to be worth reconstructing,
such reconstruction should be carried out under the supervision of the Local Authority. (Paragraphs
(7) We recommend that a sustained attempt should be made by all appropriate means, legislative,
industrial, and educational, to enable the poorer class of wage-earners to reach a living wage, which will
enable them to secure better houses than those which they at present occupy. (Paragraphs 253-255.)
(8) We hold that while much may be accompUshed along these Hnes, there will remain for a con-
siderable time to come many workers, especially those with several children of school age or younger,
who cannot provide adequate housing for the families on the higher standard which we have in view
throughout this Report, unless special assistance is provided for them. We recommend that this assist-
ance should come from the National Exchequer, but should be administered by Local Authorities, and
should be linnited to cases where the householder is willing to provide an adequate standard of accommo-
dation for his family. (Paragraphs 257 f.)
CHAPTER V.
HOUSE MANAGEMENT AND THE ONE-ROOM HOUSE.
259. The discussion on housing by Local Authorities in the last chapter has clearly indicated the
importance in several directions of house-management. In this chapter we deal with this subject in
its apphcation only to the less careful and responsible class of tenant, and hence we proceed to state
in outline certain of the evils for which effective management is advanced as a cure, certain of the
difficulties lying in its way, and some constructive proposals for dealing with these. The various possi-
bilities in this direction appear to be : — (1) Direct management by the landlord ; (2) Management on
behalf of the landlord by various representatives or agents ; (3) Management by representatives of the
Local Authority ; (4) Management by the tenants themselves. It will appear that these methods are
not necessarily strict alternatives, but that they may be combined in various ways.
(]) By the Landlord Directly .
260. This can of course be accompUshed by the interest and kiaowledge of the landlord himself.
He can himself look after his property, attend to the letting, and superintend the tenants. When a
landlord is interested and efficient, this management is admirable, and his property is kept in excellent
condition. But the same thing can be, and usually is, done indirectly by means of factors or caretakers
or both.*
(2) By the Landlord Indirectly.
261. (a) System of Hoiise-management introduced by the late Miss Octavia Hill. — It was the immense
importance of this work of house-management, as she conceived it, which led Miss Octavia Hill to make
it her life-work. Accounts are given in the evidence of several centres in Scotland where Miss Hill's
method has been followed, and where the work of the management of small houses is carried on by trained
ladies.f This fact, and the intrinsic importance of the subject, are our justification for adding some
accounts of Miss Hill's leading ideas. Strong in her belief that " the disciplining of our immense poor
' population must be ejEEected by personal influence," she saw in the management and oversight of the
houses in which they lived a very remarkable means by which this influence might be brought into
use. Thus she at once raised the work from a somewhat monotonous and disagreeable roimd of slum
visitation for the mechanical purpose of "hfting rents " into a social service of a very high order. "It
' seems to me," she wrote, " that a greater power is in the hands of landlords and landladies than of
' school teachecs — power either of life or death, physical or spiritual. It is not an imimportant question
' who shall wield it." J Miss Hill's contention is that this business of the management of small houses
is a work pre-eminently suited for women — for educated, trained, and sympathetic women. After all,
it is women who are accustomed to the needs and details of household management, it is the wives and
* Motion, 20,842 f. ; App. LXXIII. (IV.).
t RoBB and Salmon, 38,981 ; App. CXXXIII.-CXXXV. ; Stuart, 19,646 ; Mann, 21,207 (38) ; Motion, 20,765 ;
Horeburgh Campbell, 41,170 (6).
J Homes of the, London Poor. Macmillan & Cki., 1883, p. 20.
REPORT. 403
mothers who take charge of the labourer's house, and it is with women therefore that the landlord and
his agent must deal. In many ways it is suitable, therefore, that this agent should also be a woman,
who is hkely to be more miderstanding and sympathetic about the little things which go wrong in a
house, but which may be very big things so far as the comfort of the family is concerned. But for this
work, those who would undertake it must be carefully trained. Perhaps in this more than anythiug
else lies the success of Miss Hill's scheme, that she never failed to impress her students with the im-
portance of their task, and with the fact that, for its rightful performance, the standards of education
and of devotion could never be set too high.
262. (6) The City Engineer of Edinburgh brought before us a scheme for the management of
small houses which embodies a great deal of what is advocated by Miss Hill. Mr Campbell suggests a
combination of authorities — the State, the Local Authority, and the Voluntary Agency. He would
leave to the Local Authority all powers that they already have in connection with closing orders, and
the acquisition or destruction of derehct or obstructive buildings ; but for the further tasks of the recon-
struction of old houses, and for their management after reconstruction, he thinks " the independence
' of the mimicipality might well merge in and co-operate with voluntary agency," statutorily created.
In support of this he expresses the opinion that there is more needed for this work than can be supplied
by officials through a responsible public authority. Mr Campbell lays great stress on the addition of
volimtary members to his board, largely for the purpose of controlling the work of management. He
suggests that an already burdened municipality or County Coimcil is not the most satisfactory body
for the task. Appealing to their past record in support of this, he admits that there are conditions in
our cities which are not physically as they should be, and that so far the powers vested in the Public
Authority have not been effective in curing the evil. In his opinion the machinery is not adequate,
and something more is needed. The volimtary members of his suggested Board would exist to do
work of a social kind that a Town Council does not exist for, and " until you infuse that element into
' the work, you won't attack this problem or treat the disease. It is not only a structural problem,
' it is sociological, and it is moral." *
263. (c) Caretakers. — The appointment of caretakers may be combiued with the schemes outHned,
or may be carried out by individual owners of groups of houses, or by Local Authorities in their housing
schemes. We foimd an almost unanimous opinion as to the value of caretaking and supervision in those
districts where there is congestion and overcrowding. The work that may be assigned to the caretaker
is varied and onerous. AVhether or not he has to assist the factor with the rent collection, his proper
business is the supervision over the habits and conduct of the tenants, and to " press steadily against
'habits of filth and disorder." f Also, a competent caretaker can relieve' the sanitary inspector of much
detail, as notification of infectious diseases becomes simpler, and overcrowding can be prevented. In
fact, all the most experienced observers place a strong emphasis on the need for control and supervision
of a limited class of the community, who hve in small, low-rented dwellings, and who are accustomed
to a low standard of housing.
264. There are, however, two difficulties to be met with in the appointment of caretakers. The
ideal caretaker is not easily found, for great tact is required as well as a combination of kindness and
firmness — two qualities which do not by any means always go together. But if these qualities are present,
they will enable the caretaker to exert an important influence on the maintenance of the house. The
Medical Officer of Health for Liverpool spoke of the great importance which the Housing Committee
there attach to efficient caretaking, so much so that they are considering the institution of a course of
training which would be a necessary qualification for a caretaker's post. J
265. The other difficulty comes from the expense which caretakers involve. This can partly be
met if the caretaker is able to carry out small repairs, but the landlord must look to the improvement
of his houses and to more carefully selected tenants for the principal return on his outlay. It would
be well if some means could be devised by which good landlords could be acknowledged by the Local
Authority, as there can be no doubt that carefully kept properties would enormously decrease the cost
of sanitary inspection. In Glasgow, this principle has already been applied in the case of the Glasgow
Workmen's Dwellings Company, where, in view of the rules put in force by the directors, ticketing of
the houses has been done away with ; in other words, the Local Authority depend largely upon the
Company for the supervision of overcrowding.§
(3) Managetnent by the Public Authority.
266. Management by the Public Authority would mean management by officials attached to the
staff of the medical officers of health, or the sanitary inspectors appointed for the purpose. It seems
clear from the evidence that the present staff cannot midertake more inspecting work than they at
present accomplish ; and therefore, if the duty of the management of small houses is to be placed upon
the Local Authority, it must mean either that the present staff be largely augmented, or that a new depart-
ment set be up. These new inspectors would naturally be responsible to the Local Authority.
(4) Management by the Tenants Themselves.
267. The fourth system of management — management by the tenants themselves — is referred to
imder the heading " Copartnership." (Majority Report, Chapter XXVI.) It has been practised
successfully, and much is claimed for its methods. But there is no evidence that it has been tried in
congested areas or among slum tenants. It is obviously best suited for the most discipUned classes
of the commimity, who are prepared to shoulder their own responsibilities.
* Campbell, 18,980, 41,170 (9). See further, Paragraphs 273 f. below.
t Mann, 21,207 (35-37) ; of. Hutherford, 5778 ; Menzies, 20,571 ; Barbour, 35,242.
X Hope, 24,648. § Mann, 21,215.
404 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Discussion op the Various Forms of Management Suggested.
268. In this connection we do not need to discuss the type of management last described — manage-
ment by the tenants themselves. Obviously, if they combine and build their own houses they are quite
capable of managing them, and that aspect of the problem may be left for them to work out for them-
selves. But we add some further considerations regarding house-management in areas where the
occupants are crowded together, where they have not much room to live, and where the confined cir-
cumstances of their lives cause an immense amount of friction. Here the case seems to be proved for
the intervention of an oversman to help to keep the peace and to adjudicate in the endless trifling
difficulties and disputes which occur daily ; to keep up the standard of house accommodation, or, as the
Act enjoins, "maintain it in a condition reasonably fit for habitation" ; to regulate the cleaning of the
common stairs and closets, and, as far as may be, enforce a standard of cleanliness and order in each
dwelling ; and, finally, to assist in preventing overcrowding.
269. Should this management be exercised by the landlord or by the Public Authority ? Quite
clearly the duty of the present sanitary inspector is to supervise, and therefore he cannot take up this
additional detailed work of house-management. If there be any virtue at all in inspection, it must be
in inspection by an outside body, and not by the Local Authority inspecting itself. Therefore, to
make sanitary inspectors carry on the detailed work of house-management would appear to us wrong
in principle as well as impracticable. It would be necessary to have a new department of Corporation
factors, paid out of the rates and trained for the purpose of managing other people's houses. Stated in
this way, this method also seems impossible, as there would be a quite legitimate outcry against using
the rates for such a purpose, and on the part of the house-owner a disinclination to use public servants
for the management of private house property. DifEerence of opinion and friction would almost
certainly arise as regards such questions as occupancy and repairs, as well as the financial yield from
the houses. It is difficult to see, therefore, how the management of the houses can be taken away from
the owner of the houses unless the property were taken over by the Public Authority ; but we do not
consider that it is by any means proved that the capabilities of Local Authorities in the direction of
detailed house-management are so outstanding as to justify so drastic and costly a measure.
270. If we turn to the landlord we find that he is handicapped in this work of management in various
ways. First, it is estimated that about one-third of slum property is held by trustees and bondholders,
and consequently there is no single, responsible landlord, and no personal connection between owner
and tenant.* Second, the owner or owners are generally dependent on receiving a regular return from
their houses, and a great deaj of such property is unremunerative."|' Third, and most important, the
owner has no undoubted legal status in the management of his house. It is held that he has no legal
right of entry, except to make repairs, during the currency of the lease, J and that any control or super-
vision on his part is liable to be resented as interference. The landlord also suffers from the fact
that the Local Authority divides his responsibility, such as it is, with him. To cover any ignorance
and slackness on his part, it is open to him to argue that powers have been given to Local Authorities
imder various Acts to control and supervise house property. So long as these are imused in regard
to his houses, he is justified in assuming that they come up to the Public Health standard, and
therefore he is dismclined to spend any money he can avoid on improvement. Further, this exemption
is of most imceitain duration, and at any time he may be called upon to spend large sums of money in
reconstruction, or a closing order may be pronoimced. There is little or no inducement, therefore, to
spend money on old property which is likely to be signalled out sooner or later for attention from the
Authority, and hence results a gi'eat deal of our slum and derelict property in town and country.
271. On the other hand, where there is a conscientious landlord, in spite of these disabihties the
condition and tone of the property make an immediate response.§ Thus the solution would seem to
lie in a closer co-operation between the owner and the Local Authority. In the fiist instance the former
will benefit if our suggestions regarding the more drastic treatment of destructive tenants are given
effect to. Further, the owner should be expected, himself or through a factor or caretaker, to exercise
a general supervision over his property, and to report as a matter of routine administration to the
sanitary inspector all cases of persistent overcrowding or failure by the tenants to keep their dwellings
reasonably clean. Such a responsibility is already impUed in section 76 of the Pubhc Health Act, 1897,
which is based upon the 1867 Act. By this section, " where two convictions against the provision of
' this Act relating to the overcrowding of any house shall have taken place within the period of three
' months, whether the person so convicted was or was not the same, it shall be lawful for the sheriff
' to direct the closing of such premises for such time as he may deem necessary." This clearly lays upon
the owner a responsibility in the matter of overcrowding, while his own interest coincides with that of
the public health in making it important to control the dirty tenant. In these respects he has three
resources :^ — (1) the use of persuasion or moral influence, backed by the power to carry out or withhold
improvements on the property ; (2) the appeal to the sanitary inspector where the first method fails ;
(3) the power of ejection as a last resort. It is, of course, undesirable that this last should be used
frequently, as it simply transfers the problem to some other owner. It appears to us that, if the owner
is to discharge these responsibilities, he should have an undoubted right of entry secured to himself or
his representative at reasonable hours, and section 18 of the Public Health Act of 1897 might be
extended to effect this.
272. Another point to which we attach great' importance requires no legislative change, but simply
depends on considerate administration. It is that the Local Authority should take the various landlords
into their confidence regarding schemes for the repair or improvement of the houses. A conscientious
* Mann, 21,207 (85). In GliUigow 90 per cent, of the house property is subject to bonds. See Report of Committee
on hifjreaats of Rental in Scotland, Cd. 8111, 1915, p. 6.
t Some amendments on the House-Letting Act, 1911, which has proved a handicap on economical house-manage-
ment, are suggested in Chapter X., Paragraph 470 ff.
t Anderson, 40,361 (5, 8, 11) ; cf. A. Fraser, 15,105.
§ Cf. Mann, 21,207 (87 ff.).
REPORT. 405
landlord will have made his plans for the improvement of his houses, and laid aside a proportion of the
rental received for this purpose. But often the order in which these repairs are to be carried out could
be modified if it were intimated at the beginning of the financial year what the Authority was likely to
require for that year. Obviously it is veiy hard if a large sum has been spent on, say, outside painting,
that the Local Authority should take that particular moment to demand the concreting of the court
or the reconstruction of the sanitary arrangements. Consultation with the proprietor before improve-
ments are demanded would go far to increase the landlord's sense of responsibihty, and to educate him
as to modem sanitary requirements, as well as to save needless expense. And if this discussion and
consultation were coupled with a sustained effort to bring public opinion to bear in cases where bad
management continued, it would greatly tend to lessen the evil. " People are very sensitive to public
' opinion, and publicity, if well directed, could accomplish much." * A Municipal Housing Register,
such as we have already recommended, which would give the number of small houses in every district,
the condition of the house, and the name of the owner, ground landlord, etc., would be very valuable.
(Mann, 21,287 ; Watson, 22,473 ; Patrick, 40,285 (5) ; Nettlefold, 42,858 ; and Paragraph 226 above.)
273. In the larger burghs where a Local Authority is carrying out even the restricted housing policy
which we recommend in Chapter IV. we consider that a scheme such as that outlined by Mr Campbell
(Paragi-aph 262 above) might be adopted. In its form it represents an attempt to bring about a combina-
tion of what is best in voluntary and official management. In a subsequent communication Mr Campbell
has modified his proposal, making his Board advisory rather than executive, and placing it more directly
under the authority of the Town Council. We are doubtful if it will be easy to obtain the services of
persons expert in housing unless the Board is really to have powers to carry on its own work, but we
think that in some form the scheme should be tried. We greatly prefer it in its earUer form, as, for
reasons already stated, we consider that direct management by a Local Authority entails many serious
difficulties. We consider that a very valuable part might be played by such joint committees in regard
to several of the functions assigned to Local Authorities in Chapter IV. above, e.g. schemes for proba-
tionary housing, housing for the physically incapacitated, and apportionment of the grants suggested
in Paragraphs 257 f. ; as well as the more general supervision of reconstructed properties.
274. Mr Campbell called our attention from his own experience to the difficulties of purely official
management of properties of the poorer class, and recommended that Local Authorities should call in
the best obtainable help from voluntary workers interested in social work. {Cf. Watt, 24,070 fE.,
24,094 f.) But all social workers are not necessarily efficient house-managers, and the scheme would
largely depend on the efficiency of the house-managers ; therefore, as Mr Campbell points out, there
is room in his scheme for including Miss Hill's trained rent-collectors — women who have definitely taken
up house-factoring as a means of doing that peculiar Idnd of social work which the entrance into the
homes of the people can give to a wise, judicious, and sympathetic visitor. The home is very specially
the concern of women, and it can only be for good that the women and children of our worlnng classes
should be brought more and more under " the practical and continuous control of trained and capable
' women — women firm and just, but sympathetic and helping the people to help themselves, women
' whose visits are welcome, whose advice is sought, and above all whose orders must be obeyed."
(Mann, 21,207 (95).)
275. We feel that it cannot be too emphatically stated that the housing problem is only one part
of a sociological problem which is made up of many factors of which one only is concerned with the
provision of the house. And this is specially true of the housing of the less disciplined class of the com-
munity, where the standard is low and where the habits are uncontrolled. For the worst of these it
may be necessary, as we have already suggested, to provide municipal sl^elters under strict supervision.
But for a better class who need help in ordering their fives under the crowded conditions of a city
tenement, some system of caretaking and supervision is a proved necessity.
Intemperance and Housing Difficulties.
276. We cannot pass from this branch of the subject without referring to the share played by
alcohofism in producing and perpetuating the uncontrolled class of whom we have had occasion to speak.
In this connection we desire to recall attention to one of the conclusions of the Glasgow Municipal Com-
mission on the Housing of the Poor, which reported in 1904 : —
Nothing was more painfully impressed upon the minds of the Commissioners, by witnesses of
all kinds, than the close comnection there is between the unhappy condition in which thousands
of their fellow-citizens are housed and the drinking habits in which so many of them indulge.
Improved housing conditions seem all but hopeless while this state of matters prevails. (Recom-
mendation XVIII.)
The Commission therefore unanimously recommended that " the number of Ucensed houses in
' working-class districts should be greatly lessened, and that the granting of licences in new districts
' should be discouraged."
The Town Clerk of Glasgow claimed that this object had been steadily kept in view in the inter-
vening years ; but the figures which he gave did not indicate that much progress had been made in
carrying out the former section of the recommendation, as the reduction in the proportion of licences
of all classes to population in the years from 1904 to 1912 had only been from 1 to 471 inhabitants,
to 1 to 500 inhabitants, though in the extended city (1913) it was 1 to 570.f
277. It appeared clearly from the evidence brought before us that intemperance was the chief cause
by which individuals and families are dragged down from the possession of homes and sink to the level
of existence represented by the farmed-out house ; and the same cause was cited as responsible for a
large proportion of cases of non-payment of rent.| Nor are its evil effects confined to the largest cities.
* Mann, 21,207 (99).
t Lindsay, App. LXXXIV. (18), and Table V.
X Fyfe, 19,980, 20,133 ; Rutherfurd, 22,321 ; Campbell Munro, 37,370 (34) : App. LXX. (4).
406 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Speaking of a smaller industrial burgh, Dr Campbell Munro said, " The amount of misery arising from
'the undue consumption of alcohol is awful," and urged that the responsibilities of those who indulged
to excess should be brought home to them by stringent disciplinary measures, if no others were effec-
tive. Another public health administrator of very wide experience spoke of the annoyance and demoral-
isation which one drunken and disorderly individual or household sometimes causes to numerous neigh-
bours.* Further, looking at the question on a national scale, it is clear that the total expenditure on
alcohol must bear a very high proportion to that on house-rent.-j-
278. We are of course aware that there is another side to the question, and that confined and cheer-
less homes are among the most potent forces which drive men and wcimen to the public-house. Of
this reciprocal action of drink and bad housing, some observers will lay more stress on intemperance
as the cause, and others will think of it chiefly as the effect ; but it seems to us wisest to accept the truth
of both aspects, and to hold that the amelioration of either is dependent upon simultaneous and resolute
action being taken in regard to both.J Certainly if the expenditure of improvident members of the
community on alcohol could be reduced or abolished, a great sum would be set free for other uses. Of
these we do not say that housing would necessarily come first, much less that it would absorb the whole
saving ; but even if a fourth or a fifth could be diverted to the rent of a better dwelling, the problem
of economic housing would be greatly eased ; not to speak of the benefit in regard to our immediate
subject — ^the reduction of repairs and arrears of rent, the assistance to factors and all others responsible
for house-management, and the practical elimination of the seriously destructive tenant.
House-Management and Occupancy.
279. This discussion on management makes it clear that we do not see our way to agree with our
colleagues in attributing faults in the occupancy of houses almost entirely to their defective structure
and position. We think that even after the new houses are provided, considerable work of an educa-
tional nature will require to be carried on. The universal custom of sleeping in the kitchen in Scotland
has brought with it a belief in the imimportance of further accommodation, and at times the neglect
of such accommodation even when provided. (Dewar, 845 ; Frew, 2842 ; Braid, 3564 (29) ; Wilson,
4133 ff. ; Davison, 4655 ; Robb, 5000 ; M'Vail, 5278 ; Robertson, 6788-6956 ; Stevenson, 26,236 ;
Smith, 28,498 ; Christie, 28,855 (3) ; Graham, 29,589 ; Sinclair, 34,700.) Such habits cannot be
eradicated all at once, and we think that for long there will be a place for such a system of house-
management as we have outlined above. The evidence seems to us to have established that in addition
to lack of houses, and inability on the part of the householder to pay for increased accommodation, there
has been evinced a quite definite indifference on the part of certain tenants — a want of desire for a better
house which is the accompaniment of a low standard of comfort and is confirmed by the habits of a life-
time. Further, we think that this class of the population is more numerous than is admitted by our
colleagues.
The One-Room House.
280. As regards the " one-room " house, we find ourselves obliged to make certain observations on
the statement of the Majority in Chapter XL of their Report. We agree in considering that too large a pro-
portion of the population live in one-room houses, and that from every point of view it is most undesirable
that children should grow up in them, but we have difficulty in endorsing the definite conclusions which
.our colleagues draw as to its effects on disease and death-rates. We admit at once that, as a rule, the
death-rate of a community increases with the density of the population. But in our opinion, the facts
adduced in the evidence are not sufficient to establish such a direct causal relation as is insisted upon
by our colleagues. In order to reach such certitude it would be necessary to conduct a careful inquiry
as to whether the lower wages earned by those who are physically and mentally inferior tend to make
such persons drift towards a cheaper and dirtier type of house. Obviously, if this is so, such persons
will be more susceptible to disease. Further, one would need to know the occupations of the tenants
.of the smaller houses. If it be true that " trades with high mortality are trades of low wages," then
those who work at such trades will be found living in the smaller and cheaper houses. And we should
also need to know the " past physical history of the stocks of these phthisical individuals " and of those
parents whose children die in such numbers before they are one year old. What is it that brings them
to these small houses ? Have they drifted there because they were of a physically inferior stock ?
(See Eugenics and Public Health, Pearson, pp. 18, 19.) As Professor Pearson points out, it would be
'interesting to discover and to make a tabulation of the cases of insanity, epilepsy, and imbecility in
relation to the size of the house in which the patient had been living.
281. In this connection we may quote the view of Professor Glaister, Professor of Public Health,
University of Glasgow, who says : " It is not the one-room house that does the mischief so much ;
' it is the fact that you have people in the one-room house whose conditions of life are hardest in the
' first place, semi-privation, it may be, or bad habits, — all these things react upon and cause the high
' death-rate that you have. There is a distinct field for the single-apartment house, and that is the
' view the Municipal Commission of Glasgow took." (23,602.) Dr Campbell Munro, Medical Officer
of Health for Renfrewshire, in discussing the infantile death-rate for his district, also carefully dis-
sociates himself from establishing any direct relation between it and the size of the house. " The death-
' rates mentioned," he says, " are not specifically associated with the one-apartment house ; they are
' essentially due to the poverty and the frequently degraded habits of the population which drifts into
the one-apartment house." (37,870 (82) ; cf. Professor M. Hay, 41,334 (225).) It is also worth noting
that if the connection between one-room houses and the birth-rate in certain towns is examined, very
* C. Munro, 37,436 ; M. Hay, 41,501.
t In many Soots burghs the average rent for a two-room house is from £7 to £9 per annum. (Keith, 1249 (4) ;
44,070 (13).) The family expenditure on liquor is very often much higher. {Cf. W. Fraser, 38,136 ff.)
t Cf W. D. Williamson, 36,093 (14 f.) with Watson, 22,379 (6) ; 22,467 ; Aldridge, 41,807.
REPORT. 407
startling results are reached. In Glasgow, at the time of the last census, the proportion of male children
under one year old in one-room houses was almost twice that in the city as a whole ; while in Hamilton,
in 1912, where the proportion of the total population hving in one-room houses was 18-7 per cent., the
proportion of children bom in these houses was actually 56-5 per cent. (Keith, 1249 (30) ; Chalmers,
20,162.) But, while these are remarkable and disquieting social facts, and while they indicate that there
is some relation between high birth-rates and life in the one-room house in the West of Scotland, we
hardly suppose that it will be argued that the one-room house is an actual cause of the high birth-rate.
282. Further, we fully agree that a one-room house, or even a two-room house, is not a suitable
place in which to treat a tubercular patient, but we have already made suggestions that housing
for such sufferers should be specially provided, if their cases are not suitable for treatment in an insti-
tution. We also think that a considerable extension of mortuary accommodation is necessary, as only
in cases where there is spare room can there be really suitable and reverent care for the dead, and in
the large proportion of small houses this must always be impossible.
283. We are not prepared to agree that " life in a one-room house is incompatible with family
' decency," and would point to the abundant testimony of witnesses in favour of the one-room house
under control. It meets the need of elderly couples whose families have gone out into the world, and
of single men and of old women ; of sisters living together in towns where there is a demand for female
labour ; and we may add, as an instance of the indirect effect of some recent social legislation,
Dr Campbell Munro's remark that " old-age pensioners have given a new lease of hfe to the one-room
house, thus 'reUeving the poorhouse." (37,370 (49).) We consider that these cases represent the
natural and normal use of the one-room house. Yet we do not exclude the possibility that it may
form a quite satisfactory temporary dwelling for a young couple with one or two chilhdren of imder
seven years — provided that it has suitable sanitary appliances and arrangements for washing. But
we hold that such use should not become the rule for yoimg couples on marriage. One of the
medical inspectors of the Local Government Board argued, it is true, that young couples starting
in life in a one-room house obtained an opportunity to save money which they would otherwise miss,
and that such houses often formed clean and comfortable homes. (Dewar, 764 (37) ; 837 ff. ; 951 ff. ;
995 ff.) But while this is doubtless at times the case, we do not consider that it forms an advan-
tageous start in married hfe, as the vis inertkr. of custom is apt to keep those who start in one room
from moving to a larger dwelling when this becomes necessary for the well-being of their children.
(Cf. J. Wilson, 3997 (28).)
Demand for One-Room Houses.
284. We cannot altogether accept the interpretation of the demand for one-room houses in Lanark-
shire given by the Majority (Paragraph 682) — that it is simply a " marginal " demand, due to the extreme
lack of houses, which renders married people glad to secure any kind of house. The evidence seems
to us too strong that among a certain class both of proprietors and tenants there has up to the present
been an actual preference for the one-room house. It is more profitable to the builder than a larger
dwelling, and it thus has been argued that the demand for it is " artificial " and due to the abundant
supply (J. Wilson, 3997 (30)) ; but it seems clear from the evidence that, at all events in the Clyde
area, there is a class of tenant (though we believe a steadily diminishing class) wh^-prefers the one-room
house because it enables him to spend less on rent than if he occupied a larger dwelling. (Report on
the Housing of Miners in Lanarkshire, by Dr J. T. Wilson, 1910, p. 18 ; Forgie, 25,840 (71) ; H. Nicol,
27,749 ; G. Fraser, 31,115 (2, 3) ; 31,120.) This frame of mind offers a real obstacle to reform ;
but the measure of restriction which we advocate, along with the advance in public opinion which is
taking place year by year, will, we believe, result in the reduction of the number of famihes living in
single rooms as fast as larger houses can be provided for their use.
285. The problem is a very large one, as in 1911 just \mder 400,000 persons were living in single
rooms in Scotland, or 8-7 per cent, of the total population, while in Lanarkshire the proportion was
14-6 per cent. The restriction of the one-room house to what we believe to be its legitimate use
would involve the dishousing of a very large number of its present inhabitants. This is a process
which we desire to see carried out with all possible speed ; but there can be no gain, and there may
be considerable danger, in pressing a policy of restriction ahead of the complementary and far more
miportant task of reconstruction.
286. In any scheme of national housing it is necessary to keep in view not only the skilled and
independent worker, but the labourer with intermittent earnings or with small regular earnings. All
these under present conditions have a hard struggle to make ends meet. Their work demands little
skill or inteUigence, and hence they are recruited from the least intelligent and the least educated section
of the population, while the work they do is generally dependent on weather conditions, and thus the
earnings are casual. In this class the women generally work or seek for work when the men have none
— an important consideration in its bearings on the size of the house,— they do charring or washing or
needlework for very little money, and as they bring no particular skill or persistent effort to what they
do, the work done is of sUght value. The hardest time is till the children are free from school, when they
immediately begin to make more than they cost and so increase the family income. In the previous
chapter we have indicated that some system of aid will be necessary for the father of the large family
in order that he should be able to provide sufficient accommodation for his children. We hope that
such provision will only be a temporary necessity, and that the organisation of labour, coupled with
a better system of education, will so improve the working man's efficiency that all such grants in aid
can be abohshed.
287. No doubt the fact that people with good incomes and considerable famihes crowd into one-
room houses constitutes a scandal, but the abuse of the one-room house cannot be taken in itself as an
argument for its abolition. In our opinion, properly controlled, and for the use of a limited class, the
one-room house has its place, and there would be considerable hardship were it done away with. The
need at the moment is clearly for larger houses, and after these have been provided it will be possible
408 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
to estimate the number of one-room houses required to satisfy a legitimate demand. The following
witnesses may be quoted in support of this view : — Dittmar, 340 (22), 532 ; Dewar, 764 (37), 837 ;
Barclay, 2182 ; Frew, 2841, 2848 ; Robb, 4830 (23) ; Rutherford, 5699 (12) ; Cowan, 16,484 (3),
16,485, 16,522; Chalmers, 20,322; Glaister, 23,401 (43), 23,602, 23,634; Jack, 34,183 (32-34);
Templeman, 35,836 (43) ; C. Munro, 37,370 (49) ; Kelso, 37,911 (27), 37,987. To which may be
added the opinion of the Sanitary Inspector for Greenock, who says : " I am of the opinion that it
' would be most unfortimate for the poorer classes if one-room houses were prohibited " (33,207 (35)),
and he points out that this would mean that many poor persons would then become chargeable to the
parish. So also Dr Campbell Munro says : " I am a practical sanitarian, and I know that there is room
' for the one-room house." (37,443 ; c/. Mann, 21,378, 21,381.)
288. Thus our recommendation is to regulate the number of occupants of a one-room house, forbid
it to be used as a family house where there are more than, say, two children under seven years of age, and
at the same time increase the standard of cubic feet of air-space as suggested by the Majority. Even
so restricted a programme as this may have indirect results on the birth-rate of our big cities, which
are unexpected and undesired, but it would modify overcrowding and probably lead to better hygiene.
Reservation regarding Overcrowdin<j.
289. As regards the important question of overcrowding, treated in the Majority Report, Chapter
XII., we are in general agreement with our colleagues, and are prepared to agree with the dimensions
which they suggest as a reasonable standard in all ordinary circumstances. But it can be made clear
by a sim^ple calculation that the rise in standard proposed will compel many thousands of poor
families to move into much larger and more highly-rented dwelhngs than they at present occupy.
We do not deny the desirability of this, but such an extensive social adjustment demands time as well
as money to carry out. Consequently, in accepting the dimensions stated by the Majority, we do so as
a general recommendation ; but we consider
(1) That the Local Government Board should have power to accept variations in either direction
for cause shown.
(2) That the new standards should not be enforced by statute prior to the adoption of byelaws.
(3) That the suggested standard of 630 cubic feet per apartment should be confined to new two-
room houses.
Recommendations.
We recommend : (1) That in the case of dwellings occupied by the poorer class of tenants, the system
of caretaking should be extended as widely as possible, and that Local Authorities should give encourage-
ment to owners of small houses to secure competent caretakers. (Paragraphs 263-265.)
(2) That a right of entry should be secured to the landlord or his representative at reasonable hours,
with a view to strengthening his position in securing the careful use of his property. (Paragraph 271.)
(3) That powers should be given to Local Authorities to set up Committees, including a strong
representation of co-opted members with special experience in the management of small dwellings, to
assist the Local Authority in the discharge of the functions named under Chapter IV., recommendations
(2) (7) and (8), and irt ^he management of reconstructed property. (Paragraphs 262, 273 f.)
(4) In addition, we make the following more general suggestions :■ —
(a) That Local Authorities, acting through their sanitary officials, might facilitate the work of
improving houses of the older and poorer type by giving sufficient notice to landlords of re-
quirements likely to be made in any given year, and by consulting landlords and factors
as to the best methods of carrying out necessary improvements. (Paragraph 272.)
(b) That, as the problem of housing the poorest and least-controlled class of the community is closely
connected with, and is rendered vastly more difficult by, excessive expenditure on alcohol,
the facilities for obtaining strong drink should be steadily and drastically reduced. (Para-
graphs 276-8.)
(5) In the case of a one-room house, we recommend that the number of ocaipants should be regu-
lated, and that it should not be permissible to use a one-room house for a family where there are more
than two adults and two children under seven years of age. (Paragraph 288.)
(6) As regards overcrowding, we recommend that in approving byelaws : (1) That the Local Govern-
ment Board should have power to accept variations in either direction for cause shown. (2) That
the new standards should not be enforced by statute prior to the adoption of byelaws. (3) That
the suggested standard of 630 cubic feet per apartment should be confined to new two-room houses.
(Paragraph 289.)
CHAPTER VI.
CONSTRUCTIVE HOUSING POLICY AFTER _ THE WAR.
{A) Genekal Principles of Policy.
290. Before developing further the constructive policy which we hold to be necessary if the housing
needs of the country are to be met, we wish (A) to restate certain general principles which we have
endeavoured to keep in view throughout this Report, and (B)to state our views regarding the comparative
merits of several forms of house tenure. Having done so, we shall be in a position to indicate the extent
to which we hold that the State will need to assist local enterprise in the provision of houses after the war.
REPORT. 409
(1) Importance of Variety of Method and Local Initiative,
291. As against all tendencies to excessive centralisation, we feel it essential to urge the impor-
tance of encouraging local effort, and of promoting the greatest possible degree of elasticity and variety
in the methods by which houses are to be provided. We agree with oiir colleagues in their conviction
of the urgent need for improved housing, and we accept the provisional estimate of the number of houses
required in the period immediately following the war. But we must also call attention to the danger of
meeting this immediate need by forms of State action, which might have the result of stereotyping the
conditions of an abnormal period, and of preventing the free provision of houses in the more distant future.
We are convinced that the need, both in the period of reconstruction and that which lies further ahead,
must be so great that no form of competent enterprise should be discouraged, but rather that all those
who are prepared to provide modern and sanitary dwellings at reasonable rents should be actively
encouraged. In the face of a task so vast as that of rehousing the working population of Scotland, we
are persuaded that excessive uniformity of method would prove a fatal mistake in the long run, even
although it possessed certain immediate advantages. It is only another application of the same prin-
ciple to state that local interest and the sense of local responsibiUty should be fostered in every way.
We acknowledge most fully that much guidance and advice will be needed from the representatives of
the Central Authority, and that, at least for a period of years, national resources must be applied to the
finance of housing on a scale never before contemplated. But we shall endeavour to show that this
can be done in such a way as not to encroach upon the proper sphere of local enterprise, or to blunt the
edge of local responsibiUty. We cannot imagine any attitude which would in the end be more disastrous
than that Local Authorities, proprietors, employers, and representatives of labour throughoiit the country
should unite in looking to the Central Government to relieve them of the need for local effort and co-opera-
tion in the improvement of housing.
(2) Importance of Education in Housing.
292. We also wish in this connection to urge the importance of education in housing matters, to
raise the standard both of the accommodation demanded and of the use made of it when it has been
provided. There can be no adequate substitute for the progress so brought about. Regimentation
from outside or above cannot take its place. Inspection and control are most necessary in many cases,
and we urge the importance of their being systematically and uniformly carried out ; but, unless they
are supported by a general demand for improved housing, and a general willingness to make sacrifices
in order to obtain it, their action must be accompanied by continual friction, and must fail of a great
part of its due effect. This, however, we consider the most hopeful aspect of the whole question of hous-
ing ; for we have been much impressed by the rapid progress which has been made in the housing standards
of many classes of the community. We feel that this is of good augury for the future, provided that the
growth of a desire for better housing is accompanied by the resolve to make efforts towards that end,
and not by a tendency to expect everything from the State.
(3) Encouragement of Private and Co-operative Effort.
293. In expressing our conviction that variety of method is essential, we are only summarising
the contention of Chapter IV., that the burden of providing working-class houses of all the different
types required during the coming years is too heavy to be placed upon the shoulders of Local Authorities
only. If it should eventually come to rest upon them, we would reiterate our conviction {cf. Paragraph
210 above) that it may become necessary — much as we dislike the proposal — to concentrate the work of
inspection and supervision, now exercised by the Local Authority, in the hands of a Central Authority.
For we are strongly of opinion that the two tasks of the provision and detailed management of houses
on the one hand, and their inspection and supervision on the other, should be kept distinct and separate.
Thus, if the. Local Authority is made the chief agent in the actual provision of houses, as distinct from
the preparatory work or the exceptional cases specified in the latter part of Chapter IV., we hold that it
will, ipso facto, have become, to a serious extent, disquaUfied for the discharge of its present functions
of inspection and supervision.
294. Further, if certain Local Authorities should fail to provide a sufficient number of houses — a
quite possible contingency — and the task of doing so should then devolve upon a Central Authority,
we hold again that the latter should not be the authority charged with general public health administra-
tion. In other words, the immensely important work of the Local Government Board in guiding and
controlling housing development and inspecting housing conditions should not be complicated by their
entering the field as permanent providers of houses. If building by a Central Authority has ever to be
resorted to on a large scale, we consider that some other Government department should undertake it,
and not the Local Government Board.
(4) Restoration of Confidence.
295. But, as we have already made sufficiently clear, we believe that in time private and co-
operative enterprise will again find themselves equal to providing the majority of the houses required
by the working classes of the country. Thus the three requisites already named — viz. the maintenance
of variety and elasticity in the task of housing, the need for education and for the fostering of a sense
of local responsibility, and the separation of the function of the house-provider from that of the public
health administrator — ^lead up to, and are closely connected with, a fourth desideratum. This is the
restoration of confidence among possible builders and investors. We have made various suggestions
for this end in Chapter I. above.
410 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(J5) Forms of House Tenure to be Encouraged.
296. On the assumption, for which we have already argued at length, that Local Authorities should
play an essential and extensive, but not indiscriminate or exclusive, part in the provision of dwellings,
it seems needful at this point to express our views regarding the other possible providers,
(1) Occupying Ownership.
297. We place first the claim of the occupying owner, whether he is the sole possessor of his own house,
to which his interest is limited, or shares through a copartnership association in the ownership and
control of a group of houses, one of which he himself occupies. A certain amount of evidence regarding
the working of this principle in various copartnership and building societies has already been given
in Chapters XXV. and XXVI. of the Majority Report, and we accept their treatment of the subject as
far as it goes, but we feel it necessary to add certain supplementary facts and observations.
(a) In Fishing Villages.
298. The most typical examples of occupying ownership in conditions sufficiently favourable to give
a reasonable prospect of success are to be found in the more progressive and prosperous fishing communities,
and in those towns in which building societies have been active. Certain of the towns and villages
bordering the Moray Firth have been largely rebuilt within comparatively recent years, since the fisher-
men have made use of a large part of the enhanced profits which were made possible by the introduction
of trawlers and steam-drifters before the war to provide roomy and substantial houses for their own occu-
pation. The best of these recently erected houses have four or five rooms, with a scullery, and are sub-
stantially built of granite, some of them having bow windows on the ground floor and storm windows
above. In general design they represent the newest houses erected by building societies in Larkhall,
Falkirk, and elsewhere, except that the fishermen's houses are commonly built singly or in pairs, instead
of in terraces, and are not provided with bathrooms. But in all these cases, as in many instances where
the houses are of one storey and of less ambitious design, the care of the house is all that could be desired.
If in certain of the fishing villages the surroundings of the houses are not maintained at the same standard
as the interiors, that is chiefly due to the irregular character of the tenure on which many of them are
built, and the closely related fact that in some cases the streets have never been properly constructed.
(C/. Majority Report, Chapter XVI., on Fishing Communities ; Ledingham, Appendix CXC, and on
the question of tenure, Majority Report, Chapter XXIII.)
(b) Building Societies.
299. The evidence on building societies (c/. the description of self-contained houses in Majority
Report, Paragraph 393 f.) places it beyond doubt that the houses erected through their agency are well
kept up by their owners, who take a pride in their condition. This might indeed be expected ; as when
a family has saved enough out of their income to clear the cost of a house in about twenty years, it is to
be expected that they will thereafter be able and wiUing to find a sufiicient annual sum to defray the much
smaller cost of maintenance year by year. Only if there be a sudden fall in the income or morale of the
family, or if the house change hands, is it hkely that it will be neglected. Certain cases of such neglect may
doubtless be found, as Councillor Malcolm Stuart pointed out in regard to certain of the older dwelUngs
built by the Edinburgh Co-operative Building Society, which had changed hands on the departure of the
original occupiers, and where it was difficult to secure adequate improvements. (19,454 (7), 19,556.)
This is doubtless, at times, a real difficulty, but it is possible to overestimate its extent. For the late
Sanitary Inspector for Edinburgh spoke of the superior class of tenants in the houses to which Mr Malcolm
Stuart specially referred, and said of the houses, " We have had very little trouble with them. They
' are a little old as far as sanitary appliances are concerned, but they are well kept." (Rutherford, 5723-5.)
We may add the following opinions on the same subject : — The Sanitary Inspector for West Lothian
said, " The best houses we have belong to working men who have saved a little money and invested it
' in a house for themselves. I would say they are model houses." (Frew, 3102.) He added that foremen
and others often build four-room and bathroom houses through " two or three very lively bailding
' societies in our district." (3134 £E.) Similarly, the Sanitary Inspector for Bo'ness said confidently that
bouses built and occupied by the people themselves are better kept than the average house, and that he
had not been troubled by their passing into the hands of proprietors too poor to keep them up. " They
' keep them in splendid repair, and we have no trouble with them." (Louden, 34,474 if.) The Sanitary
Inspector for Dumbartonshire bore similar testimony, mentioning _jthe good work of building societies
in the Vale of Leven. (Dunbar, 43,054 ff.)
300. These opinions are supported by facts mentioned by representatives of the societies themselves,
such as the statement that the Dumbarton Society, which has built 500 houses, accommodating full)'
one-tenth of the famihes of the burgh at a much higher standard than was customary before, has not had
to take back a single house either for non-payment or any other cause. (Galbraith and Lyon, 33,851 (3).)
Thus, in view of what the more successful societies have already done, and of the greater part which
we believe they are fitted to play in the future of Scottish housing, we think it well to add certain con-
siderations bearing on their future, to which the Majority of the Commission refer only briefly, or not at
all, in Chapter XXV. of their Report.
301. (i.) Class of Worker to whom the Building Society Method is applicable. — The evidence given on
this point may be summarised as follows : — ^In Larkhall it was stated that miners' wages at the time of
our inquiry were from 7s. 6d. to 10s. per day (i.e. from 35s. to 55s. per working week), and that the family
income would average fully £2 per week. It is from these men that most of the members of building
societies are drawn ; though a number of the newer houses are occupied by workmen other than miners.
The Inspector of Poor gave it as his opinion that the hmitations of the movement were not altogether
a question of income, since he could quote " cases where famihes of six, seven, and eight are hving in one-
REPORT. 411
' apartment houses, with their incomes ranging from £2 to £3 per week, who, by a little effort, could be
' in the same position with their fellow- workmen who have formed the above-mentioned societies."
(Nicol, 38,683 (5), cf. 38,716.) The Dumbarton Building Society consists chiefly of well-paid artisans,
shipyard mechanics, and others; but there are also men who purchase a room-and-kitchen house —
" labourers in the yards, whose earnings year in year out won't be more than 25s. per week." Even
in the extreme depression in 1907 and 1908 scarcely any of thesfe members dropped out, as they are
" thrifty and careful," and are treated leniently by the directors when in any special difficulty.* (J.
Lyon, 33,879 ff.) It was stated that in the Falkirk Building Society most of the members are artisans,
or are employed in the thirteen foundries within a radius of four miles, the majority of whose employees
have over 30s. a week, but that there is an occasional member whose income is only 25s. It was admitted
that for the latter a considerable sacrifice was involved ; but it was pointed out that there is a considerable
difference between a family in which the head of the house is the sole wage-earner and one in which his
wages are supplemented by those of the children. (Clark and Ramsay, 39,688-94, 39,785-9, 39,797 ff.)
The representatives of the Ha'wnck Building Society also drew attention to this point. They stated
that their effort was chiefly to house the worker with an income of from £2 to £5 per week, and that in
the newer houses there were no members with a lower income ; but that in a community where work
in the mills for women and girls is abundant, the family income may be greatly increased as the children
grow up. (Wilson and Pringle, 17,369 ff. Mr Wilson said, " When a man has a family growing up he
' is a rich man.")
302. We may, however, point out that the building societies have almost certainly performed an
indirect service to the labouring class, both by doing something to raise the general standard of housing,
and by enabhng the better-paid artisans and others to acquire new houses, thus relieving the pressure
on the older and more dilapidated privately-owned properties and making it possible for the Local
Authority to press for their demolition. The Sanitary Inspector of Dumbarton, who gave a strong
impression of the unsatisfactory housing of the poorest and most thriftless class and the difficulty of
placing them in better surroundings under present circum-stances, acknowledged that the work of the
Building Society had helped in this indirect way, by providing good dwellings at the upper end of the
scale and enabling those below to move upwards. (Briggs, 33,974 f. ; cf. 33,929 (21) and 33,963.)
303. (ii.) Period of Repayment. — In the Dumbarton Building Society the whole cost of a house is
cleared in twenty-one years at 6| per cent. ; but in certain other societies the time of repayment varies
with the desire of the individual member and the dividend paid by the society on the current holdings
of its members. In the Falkirk and Grangemouth Societies, payments of £18, 8s. and £17, 12s.
respectively paid off the cost of a £200-house in about fifteen years at the rates of interest ruling immedi-
ately before the war. (J. P. Mackenzie, 34,309 f. ; Clark and Ramsay, 39,690-5.)
304. It was suggested by two of the witnesses quoted above, who stated that occasionally the
building society was taken advantage of by the man with a moderate wage, that this might be the case
more frequently if the period for repayment of the cost of the house were extended. The Secretary of
the Dumbarton Society said, " I believe if the Government lent money and spread the period of repay-
' ment over a long period of years, we could build houses for these people." (J. Lyon, 33,900.) The
Secretary of the Falkirk Society stated that in England the period was often thirty-three or thirty- five years,
and that this had encouraged many to enter the movement. (Ramsay, 39,809 f . ) But this clearly has the
disadvantage that it spreads the burden of repayment over almost the whole time during which a man is
in full working vigour, and that it may tend to " immobilise " his labour and that of his family during
too long a period. (Ibid., 39,811 ff.) It is probably on this account that the weight of evidence is in
favour of a short period of repayment. The feeling among members of building societies seems to vary
in different towns ; but, on the whole, the desire is to reach as soon as possible the time at which the
house is held free of all capital burdens. In Hawick, the period of repayment is now 25^ years ; but
elsewhere a shorter period seems to be preferred. Indeed, the suggestion for its lengthening just referred
to is largely discounted by the fact that the two witnesses quoted, and also the Secretary of the Grange-
mouth Society, all spoke to the desire of .the majority of their members to clear off their obligations as
speedily as possible. The Secretary of the Dumbarton Society said : " Speaking from our members'
' point of view, very few do take the twenty years to pay their houses, because as the families get up
'they are able to pay more and they are anxious to get the titles." (Lyon, 33,901.) Similarly, the
Secretary of the Grangemouth Society said that in their experience a fifteen-years' repayment suited
most people's needs, with some relaxation in the case of sickness, and that a much longer period placed-
an undue restriction on the free development of family hfe. (J. P. Mackenzie, 34,311 ; cf. Ramsay,
39,778 ff. Sir T. Munro (27,614) and Mr Eraser, factor of Dalzell (31,215), also expressed themselves
in favour of a short period of repayment.)
305. (iii.) Difficidty or Otherwise in Disposing of Hmises. — It is clear that the possession of his own
dwelling has serious disadvantages as well as advantages for the working man if he has at any time to
change his place of employment, unless he can be sure of securing its full value before leaving. Evidence
as to whether he can be sure of this was somewhat confficting. Councillor Malcolm Stuart, speaking
from experience of the working of the system in Edinburgh, gave his opinion on the negative side
(G. M. Stuart, 19,454 (7) ; cf. Roxburgh, 19,556), and the Secretary of the Grangemouth Society admitted
the existence of some difficulty in 1914. (J. P. Mackenzie, 34,346.) The Secretary of the Falkirk Society
took a more hopeful view, sa)ang that sometimes their members on leaving the district sold at a profit,
and sometimes at a slight loss, but that the loss was never serious. (Ramsay, 39,765 f.) The other
witnesses, speaking of Hawick, Dumbarton, and Larkhall, said that no difficulty was experienced ;
building-society houses were sought after and could always be sold at an enhanced value. (Pringle and
Wilson, 17,358 ; Galbraith, 33,908 ; R. Nicol, 38,730.)
306. It is somewhat difficult to account for these variations. Partly it is, doubtless, a question of
steadiness of employment in the neighbourhood, and in that respect Larkhall has the advantage which
* The Secretary of the Grangemouth Building Society expressed very similar views. Tlie Grangemouth docker
earns 35b., and the general level of wages is good, but the Society has had members with only £1 a week. (J. Mackenzie,
34,372.)
412 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
belongs to all mining districts with a population steadily expanding over a long period. But this does
not account for the steady demand for those houses in Hawick and Dumbarton, both of which have
undergone times of marked depression. An explanation may be that where the movement is familiar
to and has won the confidence of the community as a whole, and where the houses provided have marked
an advance on the standard of the ordinary builder, there is no difficulty in disposing of houses at a
price which will ensure the owner against loss or even provide a profit.
307. We thus consider that there are strong grounds for the confidence expressed by the repre-
sentatives of more than one of these societies in the future of the movement, provided that certain
hindrances can be removed. (Galbraith and Lyon, 33,851 (2), 33,893 fE., 33,923 ; Clark and Ramsay,
39,665 (2), 39,696, 39,782.) The recommendations of the Majority would go a considerable distance
to meet their demands ; but we consider that those building societies which are prepared to come under
the rules governing public utility societies should be eligible for a loan of more than two-thirds of the
value of the house, at all events during the period of Reconstruction. We also feel that the taxation of
small estates, and the double rates which fall directly on the occupying owner, form distinct hardships,
especially the latter, in burghs where the burden of rates is heavy. While we recognise that it does not
form part of our duty to make detailed recommendations in either respect, we would draw attention
to the claims of the occupying owner to a share in any measure of rehef which may be given to occupants
of small houses in the future, especially as regards rating. {E.g. if any rebate is given, the Umit of
rental might be somewhat extended in the case of occupying owners.)
308. (iv.) Building Societies and Life Insurance. — A further suggestion which seems worthy of serious
attention was made by Mr Fraser, factor of the Dalzell estate, Motherwell. After arguing in favour
of occupying ownership, especially of cottages with gardens, " where industries are hkely to be perma-
' nent," he suggested, " that a scheme for private ownership should embrace a system of life assurance,
' so that if the breadwinner is cut off before the house is clear of debt, the widow and family will, by the
' proceeds of the life policy, be freed from financial burden. This system would encourage national
' thrift, and the savings gathered in this way might, to the value of the house, be free of Succession
Duty." (31,115 (69-71).) Mr Fraser admitted that some additional burden would be caused by this
provision, but held that it would not be more than a good workman in his prime could afEord, while it
would give entire security in case of his early death. (31,211 fE.) The idea is not an entirely new one,
as it is said to be very common for the large in.surance ofiices to combine the two transactions. " A
' man takes out a policy for, say, £600 with an insurance company, and they give him a loan of £500 to
' buy a house. If he dies, his wife and family get the house." (Wilson, 4211 ; cf. 44,034 f.) As the
system is thus in existence, it would only seem to be necessary to extend it, and to provide for its appU-
cation to sums smaller than that named. We recommend that this should be done in at least one or
two experimental cases, under suitable regulations to be framed by a Government department.
(c) Co-operative Associations.
309. Our colleagues have given a brief account of some of the building schemes carried out by the
co-operative associations in Paragraphs 1754 to 1761 of the Majority Report ; but we refer especially
to the subject here because it appears to us of very great importance that their help should be enlisted
by Local Authorities, or by any central housing association or chartered society which may here-
after be formed, in the practical carrying out and administration of housing schemes. Mr Horsburgh
Campbell argued, in this connection, that the existing co-operative societies, with their large financial
resources and extensive contact with working men, were particularly well fitted to furnish guarantees
to Local Authorities for the economical and efEective management of working-class dweUings if their
interest could be effectively aroused. He claimed that there would also be security for the regular
repayment of the loan and the avoidance of a deficit on the municipal rates. As in the copartnership
movement, the tenants would themselves take an interest in seeing that the houses were fully occupied
and well cared for. Finally, Mr Campbell, hke Mr Malcolm Stuart, proposed that on the expiry of the
loan period " the houses would then pass into the hands of the society which had assumed and guaranteed
' the letting and the management." (Horsburgh Campbell, 41,170 (22-30, 33 f.), 41,226 ; cf. Paragraph
242 above. ) All these suggestions are, in our opinion, of great value.
(d) Copartnership Societies.
310. The work done by these bodies for the promotion of improved housing has been treated by
the Majority in Chapter XXVI. of their Report with considerable detail ; and we have httle or nothing
to add to their statement of the aims and methods of the movement, which endeavours to retain the
advantages of the building-society method with the strength which comes through organised communal
effort. But we are unable to accept without comment their judgment upon the results achieved ; e.g.
the statement that the " operations are on an exceedingly small scale compared with the magnitude of
' the housing question in Britain." This may be true in a literal sense, but it is none the less misleading ;
since the real test of efficiency is not so much the amount accomplished in the first years of a movement
as the rapidity and steadiness of its growth. It seems to us that real capacity and promise are impUed
in the figures given at the outset by the Majority, showing that the value of land and buildings developed
and erected by those societies alone which are affihated to Copartnership Tenants, Ltd., increased from
£36,390 in 1905 to over a million and a half sterling at the outbreak of war nine years later. This signifi-
cant advance was made at a time when rising prices and growing financial stringency placed severe
obstacles in the way of economical building.
311. Our colleagues are evidently far from hopeful as to the possibility of any genuine contribution
to working-class housing along this fine. As to this, we would suggest that, where building societies
have succeeded — ^working in the main on individualistic lines — ^there cannot be any conclusive reason
why copartnership societies should not succeed also. The facts given from Hereford and Harbome
seem to us to bear out this contention ; and if it be contended that the housing of clerks, warehousemen,
municipal employees, and others (as at Harbome and Westerton) is not strictly included in the " housing
REPORT. 41'3
' of the working-classes," it is surely a sufficient reply that their wages are not necessarily higher than
those of the well-paid artisan, while their need for houses is just as great ; and any improvement in the
housing of either type of worker will, as we have already shown, indirectly benefit the labourer by
setting free dwellings better than those which he has hitherto occupied. We hold strongly that the
income hniit of those who may be housed with the aid of Government advances should on this account
be raised to £3 a week. (See also Paragraphs 487 f . below.)
312. We do not for a moment underestimate the financial difficulties under which the results
named have been achieved. The Majority refer to the period for the repayment of advances from the
Pubhc Works Loans Commissioners ; but they hardly make it clear how this has actually affected the
finance of the societies. Mr J. S. Nettlefold, speaking of Harbome Tenants, Ltd., which may be taken
as a repcesentfitive society, pointed out that the thirty-years' period involved so large an annual pay-
ment that in normal years at least half of the siim due had to be met by raising fresh capital. (42,906 ff. ;
cf. Walker Smith, 4213 (62).) As the houses would be perfectly good at the end of thirty years, the
sinking fund would then begin to operate for the extinction of the private capital involved. But this
method is both indirect and involves grave difficulties when additional capital is hard to secure. The
difficulty would solve itself if the period of repayment were extended. Our colleagues suggest fifty years
as the maximum ; but in the case of houses estimated to last for seventy-five or eighty years, and not
Ukely to be subjected to exceptionally hard usage, we think that the period should be extended to sixty
years, at all events for loans advanced during the period of Reconstruction. It is the great advantage
both of occupying ownership as commonly understood and of copartnership that they afford the best of
guarantees for the careful management and maintenance of the houses."
313. Our chief criticism of the Majority's proposals tuj-ns upon the fact that they do not propose
that the State should in any case advance more than the present proportion of two-thirds of the cost
of housing schemes undertaken by copartnership bodies. It is true that they give Local Authorities
the power to advance an additional ten per cent. But, while we agree with Mr Walker Smith and other
important witnesses in wishing to see a closer co-operation between Local Authorities and copartnership
and other building societies, we do not think that the proposal of the "Majority meets the need which
was described by every representative of the copartnership movement. This need is for an extension
of the amount which societies have a right to receive from a central financial authority ; and the some-
what uncertain prospect of an additional 10 per cent, advance would be no adeqliate substitute. It
would lead to inequahties between different societies, which might be equally sound and well managed ;
since one would meet with a refusal from the Local "Authority of the area, while another might receive
the 10 per cent, accompanied by generous terms as to development, etc., and in yet another case it might
be accompanied by unreasonable and hampering restrictions. We recognise that some inequahties
are unavoidable, and that societies whose Local Authority is sympathetic will occupy an advantageous
position as compared with others. But we cannot accept the suggestion that the direct Government
advance should in all cases be limited to the present figure.
314. At the same time we feel that it is needful to retain a certain measure of financial interest
on the side of the society in order to ensure careful and economical building and management ; so we do
not consider that the Government advance should exceed 85 per cent, of the cost of the scheme, unless in
very exceptional ciises, such as that of Rosyth ; while it should be within the discretion of the Authority
for the appox"tionment of loans during the reconstruction period (see below. Paragraphs 339 ff.) to
limit the proportion further {e.g. to 75 or 80 per cent.). Two minor matters which seem to us important
in this connection are (a) that advances should be given at reasonable intervals during the progress
of building, so that societies will not be overweighted at the oatset by having to secure expensive
temporary loans ; and (6) that the amounts advanced should not be calculated entirely on the capital-
ised rental, but that the cost of the dweUings should be taken into account. Otherwise, the society
which places the lowest possible rental on its dwelhngs will be penaUsed by receiving a smaller advance
than that which fixes its rents higher, and so provides an additional margin of security for its stock- and
shareholders.
315. It is perhaps worth while to add that, while we agree with our colleagues that the same societies
should be empowered to provide for the needs both of those who desire to acquire their houses indi-
vidually and of those who are prepared to enter on a copartnery arrangement, we are by no means certain
that either branch of the movement has yet reached its final form. It is possible that some form of
tenure may yet be devised which will meet the wishes of both classes. The Housing Organisation Society
are attempting this in rural schemes in England, and have devised an arrangement under which the pro-
spective purchaser of his house, in addition to paying the ordinary instalments, will take shares in the
society to the amount of the " development value," i.e. the difference between the cash cost of the house
and the market value. These shares would be inseparable from the tenancy, and the society would have
the right of pre-emption in the event of the tenant's desiring to sell his house. (Housing Organisation
Society, Rejmtfor 1913-1914, p. 10.) We do not make any definite recommendation here, since we have
no information as to the success of this arrangement ; but we consider that room should be left for such
experimental modifications of the more familiar forms of building-society activity or of copartnership
tenure.
(e) Acquisition under the Small Dwellings Acquisition Act, 1899.
316. While we hold that occupying ownership is best promoted through societies of the types which
we Lave discussed {cf. Paragraph 321 below), we recognise that in some districts where there is not a suffi-
cient number of intending tenants to form a strong society, it may be best for the Local Authority to
take the initiative, deahng with occupiers individually. Even in the larger centres, where building or
copartnership societies exist, some householders may prefer to acquire their dweUings individually by
means of an advance from Government through a Local Authority. As we believe that methods should
not be needlessly stereotyped, but that alternatives may with advantage be granted, we endorse a strong
plea brought forward by the County Clerk of Lanarkshire for the popularisation of the Small Dwellings
Acquisition Act (62 & 63 Vict., cap. 44), which provides machinery by which advances are granted to
414 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
those who wish to acquire their houses. This Act is summarised in the Majority Report, Chapter V.,
Paragraphs 263-9, where the fact is noted that in Scotland it has been practically a dead letter. A
number of years ago the Town Council of Bo'ness erected eight houses under its provisions ; but since
this small scheme was completed no S«)ttish Local Authority has taken advantage of the Act, although
it has been found useful in England. Sir Thomas Munro pointed out fully the advantages of the Act,
under which a working man can obtain a house costing from £220 to £350 in thirty years for an annual
payment which the witness estimated as only exceeding the rental customary in suburban areas by sums
varying from £1, 17s. 6d. to £2, lis. 7d. (Appendices CXI., CXII. (A). For rural districts the compari-
son is somewhat less favourable.) He gave it as his opinion that, if the Act were vigorously pressed by
Local Authorities, and if they had discretionary powers to raise the proportion of the cost of the house
advanced to more than four-fifths in approved cases, an important contribution might be made towards
the solution of at least one part of the bousing problem. He expressed his strong view that " there is
' enough moneyin Lanarkshire just now to enable a great proportion of the people to own their own houses."
(Munro, 27,621 ff. ; cf. 27,593 (38), 27,612 f.) We accordingly recommend that the Act should be
amended to allow Local Authorities to advance sums up to seven-eighths of the value of a house, where
they are satisfied regarding the character and prospects of the applicant ; • and altering the maximum
advance to £350.
(2) Other Instances of Occupying Owneeship.
317. We readily admit that other instances of occupying ownership can be found where the results
are less favourable than those already described ; but we think that the evidence makes it clear that
wherever the system is associated with a low standard in the upkeep of the dwellings, it is found that the
houses are old and the income of their owners small. Reference has been made elsewhere to the evidence
on this subject from the fishing villages (Majority Report, Paragraphs 1210 &.), but similar cases occur
elsewhere. In the burgh of Inverness we were informed that there were about 200 houses of less than
£10 annual value owned by their occupiers. It was stated by a member of the Town Council that " in
' many cases these people have no money, and the Local Authority is faced with the alternative of allowing
' the existing insanitary state of matters to continue, or to inflict considerable hardship on the proprietor-
' occupier." (MacEwen, 13,995 (19) ; cf. 14,158.) The same point was referred to by the late Col.
Eraser and the Sanitary Inspector, who described the efforts of the To^vn Council to assist by advancing
money, for the introduction of water-closets, on loan. Li one case the loan had been repaid, but in another
it had not ; and the Sanitary Inspector considered that the financial risk to the town involved in this
pohcy was too great to allow of its extensive application. The difficulty was said to he, not so much in
the cases in which a wage was coming in (even though it might only be 18s. a week), as when an old couple
whose family, had grown up were left in the house by themselves with narrow resources. At the same
time it was stated that minor repairs were often carried out by the owner-occupier more economically
than could be done by an ordinary proprietor or pubUc body. (Knowles, 14,505, 14,557 fE., 14,635 ;
Eraser, 14,876, 14,892, 14,900.)
318. Other witnesses, speaking of the conditions in small or medium-sized burghs, emphasised the
fact that it is when persons, especially old persons, have " come into " their house from some relative
that the difficulty is most acute. In such cases the house may represent an essential part of the income
of a widow or other poor person. (Bums, 15,920 ; Chalmers Smith, 34,806, 34,853 f.*) In more than
one district in the south of Scotland we were informed that difiiculty was experienced in securing
improvements in old cottages, for which only a small ground rent was paid, and which had in some cases
been occupied by the same family for more than one generation. (Wintrup, 13,168 (15), 13,182, 13,282-5 ;
Tweedie, 13,391 f., 13,435.) At the same time it was stated that though these houses were structurally
unsatisfactory and out of date, they were often wonderfully clean and comfortable.) (Milne- Home,
29,877; cf. 29,842 (8,23).)
319. An intermediate case, which we think is instructive, is that of the mining community at Lead-
hills, already referred to in the portion of the Report deahng with miners' housing. In this %'illage occupy-
ing ownership is the rule, and in many cases the miners have themselves done most of the builder's work
in erecting their houses, which are chiefly of one storey, but sometimes have a loft or attic used for sleep-
ing. Many of the walls are damp, owing to insufficient excavation of the site and the absence of damp-
proof courses, and, as a rule, the rooms are not lathed but are wood lined. But the county officials,
after a careful survey some years ago, stated : " Notwithstanding these structural disadvantages, it is
' astonishing the amount of apparent comfort there is to be found within the dwellings, due solely to the
' scrupulous cleanliness and great amount of care bestowed upon them by the occupiers." {Report on
the Housing Conditums of Miners tn Lanarkshire, by Dr Wilson, M.O.H., 1910, pp. 64, 69.) But, while the
standard of care of the dwellings is high, there is a difficulty in finding money for improvements, either
communal or individual. In 1900 the drainage was very unsatisfactory, only five or six houses having
modem sanitary apphances, and the supply of privies being most inadequate. Thereafter a decided
improvement took place, as, by 1909, 61 had water introduced out of 251 ; 31 had water-closets, and 82
had privies. The proportion is still far from satisfactory, as the people themselves feel ; but the low
rate of wages ruling (from 20s. to about 25s. a week in 1913) forms a hindrance to improvement, as
even £5 for additional capital outlay would be hard to find. {Cf. Report, p. 69 ; Cameron, 13,924 fi.,
13,960 5.)
320. We have referred in detail to this particular instance of occupying ownership, because it well
illustrates the distinction between ordinary repairs to make good wear and tear, or the decay of certain
parts of the woodwork of a dwelling, and the heavier expenditure on improvements which are necessary
at considerable intervals if an old house is to be kept abreast of rising sanitary standards. Thus at Lead-
hills the houses are well kept, or even well kept up, but often there is great difficulty in keeping them up
to date ; for an occupying owner may care well for his dwelling, without having sufficient resources to
* Compare the evidence already quoted that during the sanitary improvements in Galashiels, although there was
often difficulty experienced by owners in finding the necessary money, it was almost always forthcoming eventually
Majority Rexwrt, Chapter IX.)
REPORT. 415
introduce improved sanitary appliances or a bath, when these come to be recognised as desirable. The
evidence from other districts confirms the view that this distinction is an important one. Perhaps the
best summary of the differences in the upkeep of houses owned by their occupiers in different circumstances
was given by Sir Ralph Anstnither, speaking from an experience both of mining and purely agricultural
districts : " I know in some parts of the west of Fife, where miners have built their houses, they are
exceptionally good houses. Of course they are fairly well off, and I think in that case the small owner
is in a very good position, and one would like to see their number increased ; but where you have a
small owner of a house in a country village, then clearly the small owner is almost helpless, because
he gets a comparative!)' small rental for his house, and the less he has, the less he is able to bring it up
to date." (27,892.)
321. It thus appears that the drawbacks of occupying ownership appear rather when any sub-
stantial renovation or improvement is needed than in regard to ordinary upkeep or repair. In few
instances are houses owned by their occupiers said to be carelessly kept ; but the other difficulties in-
volved will occasionally recur, unless two or three conditions are fulfilled. (1) The family income should
be sufficient, and sufficiently assured, to provide for the payment of instalments on the price of the house,
and for subsequent upkeep and improvements. (2) This is best secured when there are alternative sources
of employment within reasonably easy reach. (3) Suitable provision to meet the case of disablement
or early death of the head of the family, or his compulsory removal from the district, would meet any
remainmg objections to the soundness of the policy. It seems certain that, where conditions (1) and (2)
exist, there will be opportunity for the need to be met through regular copartnership building societies,
rather than through individual purchase or inheritance ; and the evidence just given regarding upkeep
suggests that the former is the better way, as the indi\adual is supported by the public opinion to which
the society gives rise, even after he has become owner of his own house. We have dealt with the third
condition of success in Paragraph 308 above.
Assistance to the Impoverished Owner-Occwpier.
322. It still remains, however, tD provide for the cases in which the improvement of a dwelling is
prevented by the actual and genuine poverty of the occupying owner. If the house is old and in a state
of general structural disrepair, it cannot indeed be expected that any assistance adequate to its renova-
tion should be forthcoming. Li such instances the sum required for reconstruction would probably be
disproportionate both to the value of the house as it stands and the means of the owner. In such cases
there seems to be no ultimate alternative to the pronouncement of a closing order. This will doubtless
cause hardship, but the hardship might be mitigated in certain cases if the Local Authority were to state
a period of time after which the house would no longer be treated as a habitable dwelhng. In certain of
the more remote districts, where the question is one of the well-being of an old couple or single person
rather than that of pubhc health, the officials of Local Authorities will no doubt continue to bear in mind,
as they have done in the past, that the physical hardship of hving in a damp and dilapidated house may
count for less than the mental shock of ejection, where the poorhouse is the only alternative. {Cf. Dewar,
764 (16), with Cleveland Ellis, 3909 (3), 3979.)
323. But there are other cases in which the house is m reasonably good general condition, but
requires certain definite improvements, such as new sanitary arrangements or new windows. Here,
we hold, that the Local Authority could give valuable help by advancing the cost of the improvement.
This is practically the procedure under a " charging order," authorised by the 1890 Act, sections 36, 37
(cf. 1909 Act, sections 19, 20) — a method which has been extensively used in more than one of the great
EngUsh cities, and has, we were informed by the Medical Officer of Health for Birmingham, been found
a powerful weapon in securing the reconstruction of old properties. (J. Robertson, 24,925 f.) It might
in some cases be found useful in Scotland also ; but its use is hmited, as it appears only to apply to im-
provements carried out in pursuance of an order obtained against the owner by the Local Authority.
A more serious hmitation is that it is only applicable in the case of dwellings which are sound enough
to have a reasonably assured life of thirty years before them, as the cost of the improvements is met
by a charge for that period of 6 per cent, on the said cost, which includes interest and repayment of
capital.
324. While this method might well be adopted in certain cases, what we desire to see generally
taken advantage of is rather a form of assistance which would enable the impoverished owner to meet
the cost of a definite improvement in a short term of years. This is the design of section 15 (5) of the
Housing, etc.. Act, 1909, which refers to cases in which an owner has failed to carry out repairs or improve-
ments demanded of him, and provides that the Local Authority may then do so, and may recover the
expenses summarily. " Or," the section continues, " if they think fit, the Authority may, by order,
' declare any such expenses to be payable by annual instalments within a period not exceeding that of
' the interest of the landlord in the house, nor in any case five years, with interest at a rate not exceeding
' five pounds per cent, per annum, until the whole amount is paid." We suggest that this provision
would be much more generally useful, and would meet the case which we have in view, where a poor
owner or owner-occupier cannot find the cost of some necessary improvement in a single sum, but could
do so in instalments, if it were amended to include other cases than those in which a Local Authority
have demanded and failed to secure such an improvement. [Cf. Keith, 1249 (44) ; Horsburgh Campbell,
18,745 (52) ; Barlas, 36,808 ff.) If they could promise to advance the sum needed, the tenant would
then execute the work voluntarily, instead of the Local Authority's doing so compulsorily ; but the re-
payment of the cost would be governed by the provision just quoted. We also hold that it should be
permitted to the Local Authority, in view of the shortness of the period of the repayment, to advance
the sum required without interest in approved cases, charging the loss of interest to the pubhc health
rate. If the instalments were not repaid, the Local Authority would then have a clear case for proceed-
ing with a closing order, or might be empowered to take over the house at a price determined by its value
before the improvement was carried out.
416 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(3) Provision of Houses by the Employer.
325. We now come to the vexed question of the " tied house." It is a dwelling provided by the
employer in order that he may count on having regular workers living at a point convenient to his work.
There are two main classes of such houses. The first are those provided by large employers of labour
in considerable numbers grouped together ; but of these the miners' rows may be taken as typical, and
we do not need to add to what has been said regarding them in the chapter on mining. (Majority Report,
Chapter XIV.) There are also farm cottages and cottages provided on country estates for gardeners,
foresters, gamekeepers, lodge-keepers, and other estate-workers.
326. In both cases the chief criticisms of housiilg by the employer are that the dual relation of em-
ployee and tenant places the worker too much in the landlord's power ; that a man's tenure of his home
should not be dependent on his relations with his employer, or subject to a breach if for any reason he
leaves his work ; and that in such cases the occupier, owing to his lack of independence, is handicapped
in his endeavour to obtain necessary repairs and improvements. We fully admit that the system has
at times proved defective in these respects, especially in the instances of miners' and farm-servants'
cottages ; but the evidence regarding these is so fully dealt with elsewhere, that we do not need to repeat
it here. (Chapter VII. below, Paragraphs 381-3.) It remains, however, a matter for discussion whether
these drawbacks are inseparable from the existence of " tied houses," or whether they^are due to abuses
which have grown up in particular industries. We take the latter view, as we hold that, with proper
safeguards in the interest of the occupier, the provision of houses by the employer does not necessarily
involve injustice or hardship.
327. It must be remembered that this system has great conveniences and that in some cases it
is clearly impracticable to change it. Many pubhc servants are provided with official dwellings by the
departments or Local Authorities which employ them. In such cases as those of station-masters, whose
houses are provided by the railway companies, post-masters, coastguards, police in rural districts, custom
employees, employees of the Admiralty stationed in isolated districts like Loch Long, the provision of
houses by the company or department controlUng the work to be done is obviously convenient and even
necessary, nor was there any complaint of hardship made. (C. H. Stuait, 3812 ; Sims, 5828 (50), 5833 f.)
Further, the housing of estate-workers, such as those named above, in the rural districts would appear
to be, on the whole, not unsatisfactory ; if we may judge from the fact that, while evidence was given
by medical officers of health and sanitary inspectors from all parts of Scotland, in which condemnation
of farm cottages and miners' " rows " was frequent and severe, there was little adverse comment regard-
ing the cottages assigned to estate-employees. There are, we readily admit, certain impoverished- estates
on which the housing as a whole is unsatisfactory ; but, apart from these, we have every reason to beheve
that the housing of estate- workers is in most districts superior to that of farm- servants. The reason
probably is that the proprietor has a more direct interest in, and knowledge of, his own employees, and
the difficulty of divided responsibility, which is so serious in the case of farm cottages, does not
here exist.
328. It is also important to note the definite and incontestable advantages of the provision of houses
by employers in .such cases as those just referred to. Especially in the more sparsely populated parts of
Scotland, where villages are non-existent, or are situated miles apart, and where there are many farms
scattered over a wide areti, the supply of cottages at points as near as possible to the place of employment
appears to us to be a clear necessity. It would, indeed, be impossible to procure workers regularly and
punctually from the nearest village, especially in winter. In such cases the landowner has incurred
considerable expenditure, not directly remunerative, in order to provide housing for his employees.
The number of houses is usually only sufficient for the workers ; consequently, if the tenure of the cottage
were separated from the employment, any man giving up his job but retaining his house would be obtain-
ing house-room from the proprietor at a non-economic rent — and one fixed only on the assumption that
the house formed part of the remuneration for work done. His successor in the particular post which
he had left would then either need to travel from an inconvenient distance, or to find accommodation
in another cottage as a lodger ; but, in either case, the hardship to the new worker would be greater
than the hardship involved for the former employee in having to leave his house.
329. We desire, however, to make it clear that, while we regard " tied houses " as necessary in many
districts and for certain well-defined purposes, we consider the principle of independent occupancy pre-
ferable wherever it can be put into force. Thus we advocate the extension of independent housing
through the revival of village life in Scotland, (Paragraphs 374-7 below) ; and we also hold that it
is most desirable that the rents of cottages in country districts should gradually approximate more
nearly to an economic standard, so that in course of time some portion of the burden of erecting mral
cottages may be placed on other shoulders than those of the landlord. In this respect we agree with
the statement by the Departmental Committee on the Equipment of Smallholdings in England and Wales.
(Cd. 6708, 1913, Paragraph 164.) But such far-reaching changes can only be brought about by degrees,
and from the purely financial point of view the war has undoubtedly added to the difficulty of placing
rural housing on a sounder basis.
330. Meanwhile we have to consider how the drawbacks of the " tied-house " system can be
diminished or removed, and we think that there are two factors which will tend to improve the work-
ing of the system where it most needs improvenient, i.e. in regard to the houses of farm-servants and
miners, (a) There is no doubt that, in the great industrial areas, the strength of trades unionism at the
present day is an adequate safeguard against any attempt to use the " tied house " as a weapon in the
case of a labour dispute. In view of the growing organisation of farm-workers, the same apphes, or will
very soon apply, to farm cottages ; nor will pubhc opinion tolerate any attempt to strike at a man's
home life in order to place him at an industrial disadvantage. In the case of the estate-worker or
other employee, the safeguard of organisation does not exist to the same extent ; but in his case a change
of employment would almost always be necessarily followed by a change of residence owing to the distance
between one centre of employment and another, while the direct interest of the proprietor in the satis-
factory housing of his own workers forms an important safeguard, (b) The difficulty of obtaining repairs
REPORT. 417
and improvements can, we submit, be overcome by more frequent and thorough inspection and sanitary
control — a point which we develop in the next chapter.
(4) Conclusions regarding Various Forms op Tenure.
331. We have now gone over the various methods of tenure of small dwelhngs, and we may sum
up our conclusions in the briefest possible form.
(a) Occupying Ownershif and Copartnership. — ^We consider that the primary effort in future pohcy
should be directed towards the encouragement of occupying ownership, whether on the individual or the
copartnership basis, wherever economic conditions give reasonable assurance of permanent employment
at an adequate wage.
(b) Eausi'ng by Local Authorities. — This question has been so fully discussed in Chapter IV. that
there is no need to recapitulate the conclusions there reached ; but we desire again to emphasise the
view that, while Local Authorities should not be expected to provide houses for all classes of workers
included under the Housing Acts, they have a very definite duty in the housing of certain classes who
otheiwise will not be suitably provided for, and also have an important part to play in the promotion
of the conditions and the rendering of faciUties which will assist the housing movement generally.
(c) Housing by Employers. — In so far as we can generalise on a system which varies greatly in actual
operation, we hold that, while it cannot be taken as the ideal, in many instances entirely satisfactory
houses have been provided under it; that these houses are not infrequently appreciated by the
occupiers, and that, while serious difficulties have occurred in the past, these can be overcome in the
ways just indicated.
{d) Prcwision of Houses by Private Enterprise. — We have discussed this question fully in Chapter I.,
and here we need only renew the expression of our strong opinion that a sustained attempt should be
made to secure that in the future — although not perhaps in the immediate future — the private builder
will again provide a large proportion of the houses required in the country as a whole.
332. Thus we hold that, in the apportionment of loans and grants during the period of Reconstruc-
tion, which we now proceed to discuss, the two forms of housing enterprise which should be considered as
having the first claim are copartnership or building societies, which are designed to give the occupier
a direct interest in his house, and Local Authorities carrying out the programme indicated in Chapter IV.
After these would come pubhc utihty societies not on the copartnership basis ; and thereafter applica-
tions from individuals or companies should be considered, provided that they are prepared to erect
approved houses at duly restricted rents. As regards housing provided by employers of labour, we
do not necessarily exclude the possibility of cheap loans being made available to them, but we consider
that these should be limited to cases where a definite public interest can be established, such as the types
of rural housing set out in the concluding paragraphs of Chapter VIII.
(C) Constructive Housing Policy after the War.
(1) Assistance during the Period of Reconstruction.
333. We have now prepared the way for the statement of our constructive policy, both by indi-
cating how far in our belief the causes that impeded building in the past can be modified (Chapters I.
and II.), and also by showing that in our view it is essential that all competent forms of building enter-
prise should be enlisted in the task of meeting the need for houses at moderate rents after the war.
We hold that these causes are in varying degrees — ^and some of them in a high degree — open to modi-
fication if the right steps are taken. It is not impossible by legislation or by administrative action to
reduce the cost of land for workmen's houses ; to facilitate the economical development of land, and to
promote improved planning and construction of houses, also with a view to economy ; to assist the
poorer Local Authorities in the provision of roads and water supplies ; to relieve the poorer occupier
of the excessive burden of his rates and to give the builder some similar rehef ; and to reduce legal
expenses and certain forms of taxation which throw a burden on the house-owner out of proportion to
the Treasury's gain. It is also possible that the Government may be obliged to continue for some time
after the war its control over the supply of timber and other essential raw materials of building and so
may be able to steady, and perhaps reduce, the cost of building. Thus we put forward as the first
condition of improved housing the adoption of measures to remove existing restrictions and to promote
the healthy and economical development of building land, both urban and rural.
334. The measures named, and others of the same kind, may appear insignificant when considered
individually, but cumulatively their effect must be considerable. They would also benefit all classes
of builders, whether Local Authorities, public utihty societies, or individuals. As we have already
stated at the end of Chapter I., during the year before the outbreak of war several witnesses of practical
experience expressed the strong belief that, with the removal of certain adverse influences, the building
of small houses on economic fines would recommence. But one of these deterrents — probably the
most serious — still remains, viz. the scarcity of capital and the excessive rate of interest on loans ;
and special measures will be required to meet these difficulties. It is indeed impossible to forecast the
course of the money market during the ten years after the war. The rate of interest will certainly be
high, judged by all previous standards, but it will probably fall by degrees ; and the same holds good
of the excessive cost of building materials, though the fall in the latter may be retarded by the great
demand for reconstruction purposes in the countries which have been directly devastated by the war.
In regard to certain of these matters we feel compelled to differ from the attitude and recommendations
of our colleagues.
{a) Importance of Defining Emergency Period.
335. The most fundamental difference is probably due to the fact that we consider that the period
immediately following the war must be regarded as an abnormal period, owing to the urgent need for
the provision of new houses at a time when both the rate of interest and costs of building materials will
27
418 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
still be unusually high, and that consequently special measures are called for of an emergency character.
We consider that these measures, and especially the provision on a large scale of capital at a rate urire-
munerative to the Government, should be clearly marked as temporary, and that they should not be
introduced in such a way as to fasten them permanently on housing administration. Everything should
be done with a view to the restoration as soon as possible of more normal conditions in regard to house-
building.
336. A simple calculation will show the impossibility of providing adequate housing on ordinary
economic lines as long as the Government is compelled to borrow at 5 per cent, and the rate for private
borrowers is considerably higher, while building costs are unprecedentedly heavy. Thus while much
may be done along the lines already indicated to facilitate building, whether by municipalities, societies,
or private builders, the root difficulty in regard to capital remains, and will presumably be emphasised
by urgent demands for capital from many other quarters immediately after the war. But since we
are not less firmly convinced than the Majority that the building of small houses must proceed as soon
as peace is concluded, it is clear that special action will need to be taken to make good the deficiency
of private capital.
337. But it is also agreed that special measures must be taken to meet the danger of unemployment
during the period of demobilisation, and to provide suitable occupation to carry those returning from the
front, or discharged from munition works, through the difficult period of transition until the industry
of the country resumes its normal course. As the building trade provides labour of so many difEerent
grades, and as houses are so urgently required, it seems clear that special measures will be justified here,
if anywhere ; but the most important of these is the provision of capital at a rate which will enable build-
ing to go forward rapidly enough to meet the needs mentioned.
338. At the same time it is essential to keep in full view the fact that, while the need for improved
housing will continue as far ahead as we can now attempt to look, the need for special measures to avoid
unemployment and the excessively high rate of interest are not necessarily permanent. Indeed, in
the measure in which reconstruction policy is successful and normal industrial conditions emerge again,
these two factors will prove transient. Thus it becomes of the first importance that emergency
measures should be clearly marked as such, should be confined to the period of instability and transi-
tion, and should not be suffered to harden into a system of permanent State-support which would
definitely and permanently exclude all unaided enterprise from house-building.
(b) Administrative Body Required.
339. The two considerations just advanced have an important bearing on the question by whom
grants or special loans should be administered. It might appear that the simplest course would be that
money should be advanced by the PubHc Works Loan Board, on the advice of the Local Government
Board. But there are several reasons in favour of the formation of a special temporary board or
commission to administer these public funds.
340. (i.) The work to be undertaken involves other questions than that of housing — ^notably that
already referred to of the provision of employment suitable in character for those who may find them-
selves out of work at or soon after the conclusion of the war. It is by no means certain that the objects
aimed at will automatically coincide ; indeed it is certain they will need the most careful adjust-
ment. Thus it will be needful for building schemes to be correlated with other operations, and
to be adjusted to the industrial needs of the moment. Indeed this work can only be carried out with
the maximum efficiency in proportion to the sums expended if it is treated as part of the general work
of reconstruction. We necessarily make these suggestions without knowing what precise machinery
will be set up to carry through this work, and to co-ordinate its various branches, such as land reclama-
tion and settlement, afforestation, and the improvement of transit and housing ; but we may assume
that there will be a general commission or board appointed for this purpose in Scotland. In this case
we recommend that a sub-committee of this body, or special commissioners appointed by it, should
undertake the allocation of grants and loans on the basis which we proceed to indicate, keeping in mind
both the relative claims of different districts and of the various forms of building enterprise which we
have enumerated. (Paragraph 332.)
34L In this connection we desire to point out that it will not be altogether a simple matter to decide
between the claims of different districts. Overcrowding and the need for new houses are most urgent
in the towns and villages of the " industrial belt " of Scotland ; but it would be obviously unfair that
districts — such as the Clyde area, some parts of the north-east of Scotland, and the Outer Islands — where
the housing problem has been allowed to drift into a state in which it has become a public danger, should
receive large Government subventions, while other districts in which development has been more normal
might receive little or nothing. It would be a further disadvantage if the building trade received a great
stimulus in the former districts, while unemployment was rife in the latter. We draw attention to
these points, not with the purpose of indicating a definite solution — which indeed can only be reached
step by step as demobilisation proceeds — but in order to indicate the complexity of the problem and the
need for a special body with wide discretionary powers to deal with it on broad fines during the period
of Reconstruction.
342. (ii.) The Local Grovemment Board will have a very heavy and urgent task after the war in con-
trolling and expediting the town planning which'is a necessary preliminary to any sound housing scheme,
and which becomes essential on a great scale if a national effort for the improvement of housing con-
ditions is to be made. Thus it would not seem wise to add to the already complex task of the Board
in regard to housing. Nor would the proposal just made encroach upon their existing functions ; since
the special commission (or sub-committee of the Reconstruction Commission) would rather take the
place of the Pubhc Works Loans Board, although it would act with less rigidity, and with more local
knowledge than a department of the Treasury situated in London can do. Its function would be to
adjudicate between the claims of different districts and forms of enterprise ; but as regards the detail
of the schemes it would act on the basis of reports supplied by the Local Government Board, whose
control on the town-planning, constructional and architectural side of the work would be unimpaired.
REPORT. 419
343. (iii.) There is a third argument for the creation of a special body of this character to which we
attach still greater importance : — in this way the emergency character of certain of the arrangements
for post-war building would be most clearly marked. Thus any commission or other body so appointed
should be strictly hmited to a term of years. Within that period it should be independent of political
influence, but it should be required before entering on its last year of office to report to Parliament on the
work done and experience gained during this time of experiment. Some parts of the methods employed
might then be inco'rporated permanently in our housing legislature and procedure. But this would be
done advisedly and on full trial ; whereas by any other method there is a danger that expedients
adopted as temporary and experimental may become permanent by the mere vis inertice of custom,
and that assistance given in order to meet a special need and to tide over a time of crisis may come to be
looked for as a perpetual right.
(2) Form and Extent op Government Subvention.
344. Of all the hindrances to building which we enumerated in Chapter I., the most important are
the rise in the rate of interest and the rise in the cost of building. Of these the latter can be modified
within strictly defined hmits, but must still remain a serious handicap on the provision of cheap houses
for a considerable period after the war. The former — the high rate of interest and scarcity of capital
— can in the same period only be met through the provision of a sufficiency of capital by the State on
the most reasonable possible terms. Before we discuss the form which this advance should take, we
may attempt to give some idea of the amount of capital which will probably be required.
345. We concur with our colleagues in holding that on the conclusion of the war there will be
about 121,430 houses which should be demolished and replaced in Scotland (apart from those capable
of adequate repair) ; and that, if a satisfactory provision is to be made for the rise in the standard of
occupancy which we agree in recommending, this number must be almost doubled. (235,990 — Majority
Report, Paragraph 51.) As our calculation can only be a rough and approximate one, we may take
the total number as 240,000 ; and we may assume that their provision will be spread over a period of
ten years, although we fully admit that it may be found necessary for various reasons to extend the
period of building, as the exact rate of progress cannot at present be predicted. Here we may in passing
note that this estimate is not so extravagant as might at first appear, as will be seen from the fact that
in 1911 there were, as shown by the Census Report, 839,267 houses of four rooms and under in Scotland
(Vol. ii., Table XLVI., p. 566), which we may reckon as working-class dwellings. But if we take the
average Ufe of a working-class dwelling as eighty years,* this means that, simply to maintain the supply
of these, approximately 105,000 are required every ten years. To this we should add at least 2500 per
annum to meet the needs caused by the increase of population (the actual increase in houses of four
apartments and under in the last intercensal period of ten years was 24,820). Thus the total normal
requirement may be taken as 13,000 (10,500 plus 2500) per annum if the average duration in a state
of habitability be taken as eighty years. At the close of the war there will be the arrears of ten " lean
years " as regards the building of small houses to make good, and we suggest that the building of the
special new houses should extend over at least other ten years. But a twenty years' requirement of
small houses amounts on the above hypothesis to 260,000, which is considerably above the higher esti-
mate of the deficiency already given.
346. Taking, however, 240,000 as the total number required, we arrive at the following approximate
estimate : —
Total number of houses to be built in ten years ..... 240,000
Average number in each year ....... 24,000
Total capital cost, averaging £300 per house ..... £72,000,000
Deduct for capital from other sources (25 per cent.) .... £18,000,000
Total loans required ........ £54,000,000
Average loans per annum ........ £5,400,000
In regard to the amount required for annual loans, it is obvious that in the later years of the scheme,
when the sinking fund on the earlier loans has begun to operate, the amount of new capital to be found
annually by the Treasury will be substantially and progressively reduced.
347. It is necessary to add a word of explanation regarding the deduction on account of capital
fovmd elsewhere. This falls imder three different heads : — (a) There are the public utihty companies
and the individual builders who, we hold, should be eligible for the receipt of loans, but not to the full
amount of the capital cost of the dwellings erected (Paragraphs 307, 3l4, above) ; (6) there are land-
owners, mineowners, and other employers of labour who will require houses to be immediately provided
for their workers, but who are able to find the necessary capital themselves or who will not for various
reasons be eligible for the receipt of State loans ; (c) there are the crofters, who supply a large part of
the labour of house-building for themselves, and only require a restricted cash advance. (The suggested
" Outer Islands Grant " (Chapter IX. below) would fall outside this estimate.) It may be somewhat
optimistic to place the proportion of capital coming from these sources as high as 25 per cent. ; but
we are convinced that, especially in the country districts, it will be considerable ; and if our policy of
encouraging private and co-operative enterprise is given effect to, we hold that it will steadily increase
as the essential part to be played by private capital in a complete housing policy is more widely realised.
348. It is clear that the need in the years after the war will not be met even by the provision of
loans on the great scale indicated at the lowest rate at which the Government can borrow. Assume
* It may be considered that eighty years is an underestimate of the life of a modem working-class house ; but in
arriving at this estimate we have been infiuenced by the following facts: — (1) While the typical Scots tenement has in
the past had a much longer life, there is a strong current of opinion in favour of cottages of lighter construction (though
more substantial than the ordinary South-of-England cottage) as the standard type in future, and these will probably
be worn out or superseded in about eighty years. (2) The average is reduced by the dwellings in mining districts, in
which, for a variety of reasons, houses are, or ought to be, renewed at more frequent intervals. (3) Even if the " shell "
of a dwelling is good after eighty years, the roof and woodwork, not to mention plumber work, require a degree of
renovation equivalent to rebuilding.
£15 16 10
2
7
6
2
0
0
£20
4
4
0
7
9i
420 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
that this is 5 per cent., and that the period of repayment is sixty years. In this case the interest
and sinking fund on £300 (which we take to be a moderate estimate of the average cost of a cottage of
the type which will be required in Scotland after the war, including the cost of land and development)
will amoimt to £15, 16s. lOd. per annum. To this there fall to be added owners' rates (say 3s. in the £
on the sum named), and an allowance for repairs, management, etc., giving the following results : —
Interest and sinking fund per annum on £300 . . ' .
Owners' rates .........
Upkeep and management (say) . .
Total rent per annum (exclusive of occupiers' rates) ....
Rent per week ' . . . . . . .
But it is certain that this rent, plus occupiers' rates, cannot be obtained in any save the most highly
paid trades, and in certain others only where there is more than one wage-earner in the family, and
as long as employment is -regular. But it is to be borne in mind both that these high figures are due
in large degree to the effect of the war in inflating prices and destroying capital, and that many of those for
whom the new houses are to be provided have already suffered severely through the war, whether as
combatants or in other ways, while not a few will be returning from the front with higher and ampler ideas
of home life than those which they possessed before. Thus, if the nation is to avoid the injustice of
making these men pay twice over for our national security, it seems essential that it should accept
as a burden, or write off as a loss, that proportion of the cost of the new dwellings which can indubitably
be set down as due to the dislocation of industry caused by the war, and the consequent scarcity both
of capital and materials of construction.
(a) National Contribution to Post-War Housing.
349. Thus it is clear that there must be an element of subvention in housing finance after the war
until the rate of interest and building costs return to more normal levels, and that this is of the nature
of a deferred war-charge. The question of its extent and form is a difficult one. It has been suggested
that it should consist of a definite grant of one-fourth of the cost of building, as this may be taken as
the increase directly attributable to the war.* But we see grave difficulties in the way of a fiat rate
of grant, especially if it took the form of a free provision at the outset of the proportion of capital indi-
cated, (a) It would not tend to encourage economy in building ; (b) it would not enable advantage
to be taken of any fall in the current rate of interest to diminish the amount of the subvention, but would
perpetuate for the ten years a rate of assistance which might be justified at the beginning, but not
necessarily throughout the period ; (c) it would not take account of variations in cost throughout the
country. In July 1914, according to the elaborate investigation carried out at the request of the
Commission by Mr Wilson of the Local Government Board, building costs for the erection of a cottage
of standard specifications varied from 5-15d. per cubic foot at Kirkintilloch and 5-17d. in West Lothian
to 7-70d. in Kirkcudbrightshire, 7'82d. in Argyllshire, and 7-98d. in the Dingwall district. In every
case but the last the estimate for construction in brick was cheaper than that for stone. (See Appendices
CXCIII. ff.) For excessive costs in Argyllshire, cf. Edgar, 29,374 (13-15). The special assistance might
be given partly in the form of building material set free from miUtary uses. Cf. Chapter I., Paragraph
38 f.) Thus we hold that some equalisation must take place between districts which vary so widely ;
and this is the more necessary, because the remote districts where building costs are exceptionally high
are as a rule districts in which the need for the provision of houses to retain the younger people on the
land is even more urgent than elsewhere, and in which, through low wages and low rateable values,
neither the individual nor the Local Authority is able to bear the full weight of the greatly increased
cost of improved housing.
350. We therefore consider that a Government contribution on a flat rate over the whole country
and the whole period of ten years would be at once extravagant and inequitable. The proposal of the
Majority that the difference between the pre-war and the actual cost of schemes should be provided by
free Government grant has the advantage that this difference would presumably diminish in the same
proportion. But it does not take into accoxmt the difficulty regarding the rate of interest, which we
consider not less important than that of excessive building costs ; nor does it safeguard the interests
of economy, since it would always be possible for the authority or other body who were applying for
the advance to argue that even the highest contracts represented an unavoidable excess due to the con-
ditions which will prevail in consequence of the war. In this case it would be difficult for the Central
Authority or the Loan Commissioners to maintain a sufficient check upon extravagance. The problem,
to our mind, is to find a form of assistance adequate to the situation and yet maintaining every induce-
ment to the strictest economy.
351. Thus it appears to us that as the elements to be taken into account are complex, the provision
to meet them can hardly be so simple as the suggestions already made, that the State should contribute
a definite fraction of the cost of each house provided, or should make good the difference between pre-
war and post-war costs of building. To take the question of the rate of interest first, as we consider
it of primary importance. The end to be kept in view is, that capital should be provided as nearly
as possible at the rate which the Public Works Loans Commissioners fixed for advances to Public Utility
Societies in the autumn of 1914, i.e. 4 to 4J per cent, (see Appendix CLXXXI.), since the whole excess
over this sum is directly due to war conditions. If, then, it is a national obligation to meet this excess
in the case of working-class dwellings, it would appear to be the best course for the Treasury to advance
the necessary capital, through the Commissioners already referred to, at the rate of, say, 4 per cent.
The difference between this rate and that at which the Government may be able to borrow from time to
* In the ease supposed in Paragraph 348, such a grant would reduce the cliarge for interest and sinking fund by
£3, 19s. 2Jd. per annum, and the weekly rental (excluding occupiers' rates) by approximately Is. 6Jd., i.e. to 6s. 3d. per
week.
REPORT. 421
time represents a postponed war charge and should be treated as such. Nor, as a temporary measure,
diminishing from year to year as the rate of interest falls, would this proposal be open to the objection
that commonly holds good against providing loans at a lower rate than that at which the Government
itself borrows. Or, if it is considered necessary to avoid even this temporary breach of a principle
which is rightly held sacred in normal times, it would be possible so to adjust matters that the Treasury
should at the commencement of each year set aside a sufficient sum to meet the difference between the
estimated advances for the year at the current and the lower rate of interest, crediting this to borrowers
in proportion to the amounts of the loans issued for housing purposes. An alternative suggestion, which
we consider to be worthy of attention, as to the method of payment is, that an annual grant should be
made to the promoter of the building enterprise in the form of a remission of owner's rates, to cover
the difference between the rental actually obtained from the new houses and the rental necessary to
provide a reasonable return upon the capital expenditure, the loss to the rates being refunded by the
Treasury to the Local Authority.
352. However this is adjusted, we hold that the two important points to be provided for are (a)
that, if possible, a large and fixed capital sum should not be given at the outset ; and (b) that the way
should be kept open for a return to normal conditions. Whatever be the form of the subvention, it
should be designed to meet an emergency and a need which we trust will not last for all time coming ;
nor should any assistance given do more — even in appearance — ^than equalise the conditions as between
schemes in the period immediately after the war and those which preceded the war, or those which may
be carried into effect after the reconstruction period.
(6) Limited Grants for Abnormal Building Costs.
353. If this policy is followed, the provision of subventions to meet abnormal building costs will
be much less generally and urgently necessary than if the promoters of building schemes have to bear
the full weight of the increased rate of interest. Yet it may still be found necessary to give a modified
grant in this connection. This might be fixed at 10 per cent, of the cost of building at the outset of the
period, falling by 1 per cent, per annum or at such other rate as the Commissioners considered expedient
in view of all the circumstances affecting the building trade. There remains the case of the outlying
districts where the rent-paying capacity of the population is small, where the rates are already as high
as is expedient in the interests of the community as a whole, and where the transit of materials and
the payment of " coimtry money " to tradesmen (and in some districts abnormal broken time due to
climate) form serious additional burdens on building. In some cases it may be necessary to give grants
in aid of building construction at a higher rate than that adopted in more accessible districts. But we
deprecate this course wherever the same end can be attained by other means.
354. One important method is by the improvement of transit ; and in particular we would strongly
urge the improvement and cheapening — by the action of Government, if no other method proves feasible
— of steamship transit and carriage on the West Coast. Further, satisfactory housing cannot be provided
imless certain preliminary conditions have been met regarding (a) water-supply, and (6) road- making
and development generally ; and in certain of the poorer districts to furnish these on an adequate scale
will be financially impossible unless the Local Authorities have some other resource than to borrow in
the usual way on the security of the rates. In such cases (e.g. in the Outer Hebrides) a grant may prove
an essential preliminary to any housing scheme of more than a makeshift character. (See Chapter IX.
below). Another object for which grants might be appropriate are the preparation of town and village
plans ; while in certain poor and scattered communities it may be well to give the Local Authorities
grants in aid of the addition to their staffs which for the time may prove necessary. Thus any scheme
of assistance must be sufficiently wide and flexible to meet the needs of communities at very different
stages of social and industrial development.
(c) General Conditions of Grants and Loans.
355. It must, we think, be laid down clearly that all houses should conform to a fixed standard
as regards accommodation, structure, and arrangement on the site. Some control of the rents to be
charged is necessary where the Government provides capital at a low rate ; but these points need cause
no great difficulty, as restrictions both as to structure and rental were regularly enforced by the Public
Works Loan Board before the war. The definition of " working classes," for whom the houses are pro-
vided, might also follow the lines of that hitherto applied by the Loans Board, with some alterations,
the chief being that the income limit of £2 a week should be raised. But we do not consider that there
is any special danger that those who occupy the new houses will benefit financially as compared
with their neighbours. They will indeed, we hope, be provided with better planned and less crowded
accommodation ; but, while receiving the benefit of capital provided at a rate considerably below that
of the open market, this rate will presumably still be above that at which the private builder borrowed
during the last period of building activity. The aim of the special assistance which we advocate after
the war is to keep the supply of capital at or near the standard rate before the war. Thus the tenants
of the new houses, while obtaining better accommodation, will not pay less rent than is now customary,
as is sufficiently shown by the estimates in Paragraph 348 above. This argument, of course, assumes
that the majority of the new houses in the burghs will be built on the outskirts and will be occupied by
the better-paid artisans, whose former dwellings will then be available to relieve congestion and to
make openings for demolition in the slums. (Cf. Paragraph 241 ff. above.)
(d) For Whom shoi'ld Cheap Loans be made Available?
356. As regards the scope of loans, we consider, here differing from our colleagues, that they should
be available for all who are prepared, in the years immediately following the war, to provide housing
of an improved type at rents providing only a reasonable margin of profit on the portion of the
capital found by the promoter. Our reason for this view is less that the principle of loans to individuals
or commercial companies has been recognised since 1890 (Housing of the Worldng Classes Act, 1890,
422 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
section 67) than that the need for good houses as brought out in the descriptive and statistical portions
of the Report is so great, that it would be unwise to entrust their provision exclusively to certain selected
bodies. We hold that past experience shows that Local Authorities are not qualified to be the sole
proAriders of small houses. (Chapter IV. above.) We have made recommendations above for the
encouragement of copartnership and building societies, but their organisation is a process which requires
considerable time ; and we believe that approved houses would be provided in larger numbers by '
extending to private builders the terms suggested during the period after the war. As regards the rate
of interest we would place all on the same footing ; but as regards proportion of capital advanced and
period of repayment, some distinction must be drawn between (1) Local Authorities, (2) copartnership
societies, (3) other public utihty (including building) societies, (4) companies and individuals. We
suggest 85 per cent, and sixty years in the second case ; 75 per cent, and sixty years in the third ; and
66| per cent, and fifty years in the fourth. In certain special cases during the reconstruction period only,
the proportion might be somewhat extended at the discretion of the Commissioners. (Cf. Paragraph
487 f. below, where we indicate the income limit which in our opinion should be applied in these
houses.)
357. We cannot give any estimate as to the extent to which pubhc utility societies or private builders
will come forward as apphcants for the suggested loans ; but we hold strongly that unless they are en-
couraged to do so, the large number of houses indicated above will not be provided in the period in
view. It has, indeed, been objected that " there is no reason why the building trade should be singled
' out for special favour of this kind from the State." We hold that the reason is twofold : (a) provision
of improved housing is a national necessity, and it is one which at present cannot be left to the unre-
stricted forces of supply and demand ; (6) the abnormal conditions which must persist for some years
after the war will prevent the demand from becoming effective unless the State intervenes. We
consider that restrictions can be formulated which will prevent the abuse of these privileges ; and we
are disposed to think that builders of a good class will be prepared to accept additional restrictions during
the transition period so as to keep their business in worlang order until the rate of interest falls to more
normal levels. In this way it seems possible to tide the building trade over a time of special difficulty,
and thus prevent the heavy burden, which the State must for the time assume, from becoming in its
full extent permanent.
(D) Responsibility for Improved Housing.
358. There remains the question, so much emphasised by our colleagues, of the fixing of responsi-
bility for the provision of houses in the future. If the policy elaborated above is a reasonable one, we
hold that this question will in great measure settle itself. The problem is largely one of so removing
and modifying retarding causes that the demand for better houses, which is growing wider every year,
and almost every day, will stimulate their supply. In particular we hold that those who require the
houses should be encouraged to organise their demand and their resources in order to help in the pro-
vision, and subsequently to undertake the management, of their own dwelhngs. Further, we hold that
in certain cases — ^as the Majority fully recognise in Chapter XIV. of their Report, Paragraph 999 —
employers have a responsibility, of which they cannot wisely be relieved, for the housing of their
workers. We contend that, for a period after the war, special assistance must be given on the fines
just indicated ; but that the need for houses is so acute at present, and that even in normal times the
steady stream of production is of such volume (Paragraph 345), that individuals and communities
should not be encouraged to look at every point to the State for assistance, but should feel that the
work is one in which their co-operation is urgently required.
Summary of Grants Suggested.
359. In order to show that we do not minimise the burden which the nation as a whole must bear,
we recapitulate the directions in which we think that its resources must be brought into action by grants
from national funds : —
(a) In the Period of Ten Years Immediately Following the War. — (1) Grants to necessitous districts
for water-supply and development, and possibly in some cases for extra administrative
expenditure. It may be necessary to give special subventions towards cost of building in a
few instances, but these should be carefully restricted. (2) A subvention to meet the
abnormal rate of interest and building costs, to be marked as a temporary measure, diminish-
ing as the period of ten years proceeds.
(b) Assistance over a Longer Period. (See Chapters I. and IV.) — (1) A substantial reduction in the
burden of local rates which are now charged with the maintenence of services really national
in character — this increased assistance to be accompanied by a scheme of graded rating
which would refieve the smaU house to a greater extent than the large. (2) Special assist-
ance to heads of large families with low incomes, to be administered through Local Authority,
and paid only in cases where a sufficient standard of accommodation and occupancy was
observed.
These grants may become a powerful engine in securing the active performance of their duties by Local
Authorities, as the Central Authority would have power to advise their withdrawal in case of default.
(E) Relation of Local and Central Authorities.
360. Our scheme is in effect an attempt to distribute the responsibihty for the provision of better
houses in the various quarters where it should rest. We are averse from concentrating it in one quarter,
although we recognise that, if everything else fails, houses must be provided either by the Local Authority
or by a Central Authority ; but the aim of our poficy is to prevent this " last resort " being reached.
We hold that two opposite dangers have to be recognised and guarded against : (o) the continuance of
REPORT. 423
conditions under which no one is prepared to build, and (6) the tendency on the part of prospective
tenants to look to the State or municipahty to do all the work, and to do it on terms which make it
impossible for either private or co-operative enterprise to contribute anything to supply the need. This
is a situation which cannot be met by a single clause in a statute, but only by a coherent pohcy designed
to evoke all competent forms of effort.
361. In this policy we repeat, even at the risk of wearisome reiteration, the special part of Local
Authorities is, firstly, to provide facilities and assistance to others to build and to promote enterprise
in the ways indicated in Chapter IV. ; and, secondly, to provide for certain classes (the morally uncon-
trolled and the physically disabled) for whom provision cannot otherwise be made. If they fail in the
former effort, they may build themselves, although they ought, we hold, to build with a view to sub-
sequent copartnership management by the tenants (Paragraphs 242, 309 above) ; but it is no part of
ours to presuppose this failure. This contingency is, however, provided for in section 53 (11) of the
Housing, Town Planning, etc.. Act, 1909, which provides that, if complaint is made to the Local Govern-
ment Board by certain statutory bodies, or by any four inhabitant householders in an area, that the
Local Authority have failed to exercise their powers under Part II. or Part III. of the principal Act
{i.e. have failed to carry out reconstruction or housing schemes) " in cases where those powers ought
' to have been exercised," the Board may, after holding a pubhc local inquiry and obtaining the
approval of the Lord Advocate, apply to the Court of Session for powers to secure the carrying out of
the necessary work.
362. These powers had only been in existence for five years before the outbreak of war ; nor was
any evidence laid before us that they had been tried and found wanting. Further, we are perfectly
satisfied that they will be rendered increasingly effective by the steady rise of local pubhc opinion in
regard to housing matters, and that the exercise of undue personal influence, which has been not unknown
in the past and which has tended to retard improvements, will progressively disappear in the larger
Local Authorities. This forms an argument for the combination of certain of the smaller local govern-
ment areas for purposes of housing and public health administration ; but we cannot agree that the
Central Authority should receive the drastic overriding powers suggested by our colleagues. If it is
the case that Local Authorities are likely to prove incompetent to discharge their obligations under the
Housing Acts, it would appear better for building to be carried out by a Central Authority, in spite of
the disadvantages of this course, rather than that the Local Authority should be overruled and its sense
of responsibihty undermined. But we prefer to look to a steady increase in this sense of responsi-
bility, stimulated both by the Local Government Board and more particularly by growing interest on
the part of the electorate. In many cases this will doubtless lead to more extensive building by Local
Authorities under Part III. of the principal Act, but we hold that it is also, and indeed primarily, their
duty to promote house-building indirectly in the various ways which we have indicated.
Recommendations.
(1) Li addition to the recommendations of the Majority Report, Chapter XXV., for the benefit
of Building Societies, we recommend that, in any future adjustment of imperial and local taxation,
or review of the duties upon small estates, the claims of occupying owners of small houses to a measure
of relief should be favourably considered. (Paragraph 307.)
(2) We recommend that Building Societies should be empowered to insure the life of any member
for a sum sufficient to cover the unpaid calls on his house at the time of decease ; such policies to be
granted by the society in conjunction with an insurance company or by arrangement with Government,
but in any case subject to conditions laid down by a Government department. (Paragraph 308.)
(3) We recommend that Local Authorities should make full use of the powers contained in the
Small Dwellings Acquisition Act, 1899 ; and that these should be extended to allow Local Authorities
to advance seven-eighths of the cost of working-class dwellings, with a maximum of £350 per dwelling.
(Paragraph 316.)
(4) As the improvement of dweUings which are unsatisfactory, but are capable of being made
habitable, is in certain cases prevented by the poverty of the owners, we recommend that the policy of
loans for reconstruction secured by means of a " Charging Order," under the principal Act, sections 36,
37, which has been found useful in England, should be appUed by Local Authorities in Scotland ; and
that they' should be empowered to grant loans for short terms not exceeding five years without interest
to enable impoverished owners, especially occupying owners, to carry out specific improvements, the
loss of interest being charged to the pubhc health rate. (Paragraph 323 f.)
(5) We recommend that special facilities for the supply of cheap capital for building small dwell-
ings should be afforded by the Government during the period immediately after the war — a period which
will extend to ten years or perhaps longer. We also wish to call attention to the importance of mark-
ing this as an emergency period, and of co-ordinating the work to be accomplished by the provision
of small dwelhngs with other forms of effort in national Reconstruction. (Paragraphs 333-8.)
(6) With this in view we recommend that the administration of loans and grants during this period
should be handed over to a special temporary board or commission, which would take the place of the
Public Works Loan Board. This body might be a sub-committee of the Commission which we assume
will be appointed to direct the general work of Reconstruction. It would have the specific duty of
apportioning the available funds between the different districts and different forms of building enter-
prise. (Paragraphs 339-343.)
(7) Regarding the latter point, we recommend that, as a general rule, claims should be met in the
following order : —
(a) Copartnership and building societies, intending occupying-owners, and Local Authorities
carrying out the functions indicated in Chapter IV. above.
(6) Pubhc utility societies not on the copartnership basis. «
424 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(c) Private individuals or firms who are prepared to accept restrictions as to rent charged, etc.,
formulated by the Commissioners.
{d) Employers erecting cottages for their workers, or landowners erecting cottages for farms.
We hold that applications under sub-head (d) should be treated as deferred claims, to be met only if
funds admit : except that applications from landowners who are prepared to erect additional cottages
for married men to replace existing bothies, or to equip farms of non-economic rental in the general
interest, or to improve the dwellings of statutory small tenants, should be treated as ranking immedi-
ately after (a) above. (Paragraphs 331 f. ; also Chapter VIII., Paragraphs 422-6 below.)
(8) We recommend that a subvention should be given during the reconstruction period to meet,
at all events, the larger portion of the increased rate of interest and cost of building which is directly
traceable to the war ; and we consider that this should be given in the form of loans at approximately
the rate at which the Pubhc Works Loan Commissioners made advances in the early months of the
war, the difference between this rate and the rate at which the Government can borrow from time to
time being met by the nation as a deferred war charge. (Paragraphs 346-356.)
(9) We recommend that the rate «f interest should be uniform for all the classes of enterprise named
above, but that some distinction might be drawn between (1) Local Authorities, (2) copartnership
societies, (3) other pubhc utiUty societies (including building societies), (4) companies and individuals,
as regards the proportion of capital advanced and the period of repayment. We suggest 85 per cent,
and sixty years in the second case ; 75 per cent, and sixty years in the third case ; and 66§ per cent,
and fifty years in the fourth. (Paragraph 356.)
CHAPTER VII.
HOUSING OF FARM-SERVANTS AND RURAL WORKERS.
Division of the Subject.
363. We have set forth in Chapter VI. the main outlines of the housing policy which we think should
be followed after the war ; but it is necessary to add a discussion of the particular application of this
policy to the special problems of housing the rural worker and the crofter. For, while we accept much
of the descriptive material of Chaptei-s XV. and XVIII. of the Majority Report, we difier on certain
important points as to the remedies to be applied. We are also of opinion that the recommendations
of the Majority Report do not distinguish clearly enough (a) between the large farm and the smaller
— ^and, from the landlord's point of view, uneconomic — holding ; and (6) between the question of
crofters' housing as it is found on the mainland, in the Southern Hebrides, or in Orkney and Shetland,
and the very special conditions in the Outer Islands and Skye. In order to do justice to these distinc-
tions we devote the next three chapters to discussing —
The General Question of Rural Housing and the Housing of Farm-Servants. (Chapter VII.)
The Smaller Farms and Crofts. (Chapter VIII.)
The Special Problem of the Outer Islands and Skye. (Chapter IX.)
Housing of Farm-Servants.
(A) System of Tenure of Farm Cottages, and Question of Repairs.
364. In Scotland the farm-servant is employed for his whole time, and his cottage forms part of
the equipment of the farm, and is usually placed in a position conveniently near the farm-steading.
There is no need to recapitulate the main features of this system ; but it arises out of the fact that the
Scots farm is " a more complex piece of economic organisation than an English farm." (Conacher,
5458 (23).) In other words, it is a self-contained unit, the workers being in the main housed on the farm,
not drawn from a village or elsewhere. It is let as a whole — land, farm-house, steading, and cot-houses,
— ^and it is the farmer's business to see that the various parts of the equipment are all in working order,
or habitable condition, at the commencement or renewal of his lease. We shall enter later into the
practical advantages of this system ; but we admit as fully as our colleagues that, as it has often worked
in the past, its effect has not been to promote the comfort or well-being of the workers.
365. The difficulty begins at the outset of the lease, when the prospective tenant may feel it to
be unwise to make too many demands for improvements (see Majority Report, Paragraphs 1104 f.).
On the other hand, it was indicated by several witnesses that this is not invariably true, but that many
farmers take considerable trouble to secure improvements in their cottages — if for no other reason, then
because of the difficulty of g(?tting servants to stay in the more defective dwellings ; and the factor of
one large estate said that he found no backwardness on the part of tenants to ask for improvements
of this kind. (C. M. Douglas, 2633, 2723 ; M'Connachie, 14,356 ; M'Harrie, 28,359 ; Elder, 30,398 (6),
30,433 ff., 30,526 f.) It is probable that there is a considerable difference in this respect, not only
between individuals, but also between districts, in some of which the sense of responsibility among
farmers for their servants' housing may be more general than in others ; indeed, one Medical Officer of
Health who has two adjacent agricultural counties under his charge said that in one of these there was
widespread indifference among farm tenants, while in the other matters were better. (Dawson, 40,161.)
366. A question closely related to this is, whether most farmers would pay additional rent if the
proprietor provided more and better farm cottages. This formed part of a questionnaire issued by
the Chamber of Agriculture, and of those who replied, 83 answered in the affirmative, and 220 in the
negative. (Douglas, Appendix X. and 2586.) During our inquiry, the factor of an Ayrshire estate
REPORT. 425
said that, on farms where the supply of cottages was inadequate, the farmer often rented additional
cottages for certain of his workers, paying a rental of about £5 for each, and that he would be willing
to pay at least this sum for additional cottages actually on the farm ; but it is obvious that this increase
would have been entirely inadequate to recoup the proprietor for his capital expenditure even at
the costs of building ruling before the war. (Middleton, 30,059 (3) (7) (12) ; c/. Cobban, 29,223 ;
Soutar, 30,808.) One tenant-farmer said that there were many farmers who would be willing to pay
interest on the cost of additional accommodation, but only on so much a-s was " over and above the
' accommodation strictly necessary to the requirements of the farm, as cultivated in the average manner
' on the estate." (M'Keri'OW, 29,958 (6).) Other witnesses took the view that no additional rent would
be forthcoming ; and the Medical Officer of Health for Renfrewshire quoted a case in which a farmer
—rather than pay for extra cottages, or even press the proprietor to provide them — ^had subdivided
a two-room house into two one-room houses, a course which the Medical Officer had no powers to pre-
vent. (Campbell Munro, 37,370 (39), 37,475 fi. ; Ferrie, 32,279 ; M'Whan, 38,288 ; c/. Shaw Stewart,
29,554.)
367. Much of the evidence, as the Majority point out in Paragraphs 1101-3 and 1150, alike from
county officials, factors, farmers, and farm-servants, turned on the failure to execute repairs with
reasonable promptitude, which is associated with, and in part caused by, the system which we have
described. Practically all Scottish farm leases contain a clause by which the proprietor is bound to hand
over and maintain the dwellings " wind- and water-tight," while the tenant is made liable for the carrying
out of repairs, other than structural repairs, during the course of the lease. But we agree that this
clause has almost invariably proved inoperative ; although the evidence to this effect was qualified
in some measure by statements that certain farmers incurred considerable expenditure in keeping up
their cottages ; or that, while neglecting certain branches of repair, tenants would usually replace broken
slates with reasonable promptitude (in one estate in the Western Highlands this is the whole extent of
their obUgation — Edgar, 29,432) ; or that, in certain cases, farms are let below the normal rent on
condition that the incoming tenant accepts the cottages as they stand and executes necessarv repairs
himself. (Constable, 29,276 ; M'Caig, 30,548 f. ; Soutar, 30,820 S. ; Cargill, 31,668 f. ; Paxton^ 32,859 ;
Elliot, 39,326.) But the statement made above regarding the ineffectiveness of the " repairs " clause
in farm leases seems to us to be fully warranted by the general sense of the evidence ; although one
factor of long experience stated that while by no means fully carried out by the tenants, it tended to
make them m.ore careful than they would otherwise be. (J. Campbell, 38,622 f.) But all obligations
which are not habitually observed or enforced do definite harm by lowering the sense of responsibility,
nor is this any exception to the rule, and the non-observance of this condition has undoubtedly caused
hardship to the farm-servant.
368. The position of the Sanitary Inspector is hardly less unfortunate than that of the farm-
servant ; and both the difficulties mentioned place hindrances in the way of the efficient discharge of
his duties, (a) The dual responsibility for repairs leads to the evasion of statutory duties. In rural
districts the Sanitary Inspector has a wide area to inspect, and his visits of necessity occur at long
intervals. If defects are found on one of these visits, they are reported to the farmer, who refers the
matter to the proprietor or factor. A further visit of the Sanitary Inspector may be followed by an
extension of this triangular correspondence, and meanwhile the lot of the farm-servant remains un-
changed. (6) The control of overcrowding becomes an almost impossible task. For, when once the
farm-servant has made his bargain, he cannot move to a larger cottage, except in the improbable event of
there being one vacant on the same farm. (See Dick, 16,125 ; Young, 16,178 (6), and references in the
Majority Report, Paragraph 1107.)
Suggestions to Meet above Difficulties.
369. Before we proceed to discuss the possibility of any radical alteration in the system which has
led to these difficulties, such as that of placing the responsibility for the supply of farm cottages on other
shoulders than those of the landed proprietor, it seems proper to give our opinion as to how far these
abuses are capable of remedy without such a revolutionary change. For it is certain that for a number
of years to come a very large proportion of the farm-servants of Scotland will be housed in cottages
attached to the farms ; and the repair and adequate maintenance of existing cottages, so long as they
are capable of being put into habitable order, seems not less urgently necessary than the provision of
new dwellings.
370. We consider that the former problem is not incapable of solution withia the main lines of the
present system ; since the very genuine and widespread grievances referred to are traceable to the two
causes already sufficiently indicated. It is easy to deal with one of these by securing to the farm-
servant the opportunity of seeing his house in advance as a matter of definite right. The problem of
setthng definitely where the responsibility for the upkeep of houses should rest is more important but
also more difficult.
371. It is clear that, at the beginning or at the renewal of every farm lease, it is the business of the
proprietor to put the cottages into adequate repair. But it is no less the business of the incoming
tenant to see that this has been done before accepting the subjects of the lease as " in good and tenant-
' able order and repair." It is during the currency of the lease that the chief question arises. Here
we hold that the primary consideration is to fix the responsibility definitely and explicitly either on the
landlord or the tenant. Which should be made responsible is a less vital matter, but on the whole we
consider that the tenant is the proper person to be held responsible, for the following reasons : —
(a) He is on the spot and can be seen at the time that the cot-houses are inspected. This would
often save needless letter-writing on the part of the Public Health Officials, and enable
nuisances to be promptly dealt with.
(6) If he were responsible for repairs during the period of the lease this would make him inspect
his farm-servants' houses with the same care at the beginning of the lease as that with which
426 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
he provides for his own and his cattle's housing. By taking over the cottages with the other
buildings, as in adequate repair, he has in fact assumed responsibility for their being so.
(c) As the direct employer of the farm-servants, the farmer is in a position to supervise the use made
of the house, and so can minimise damage to structure or fittings due to carelessness. {Cf.
A. Graham, 29,592.)
(d) When repairs are necessary, he is in a position to see that they are properly executed. This
is probably not a matter of great moment on a large estate, where the actual execution of the
repairs might continue to be done by the regular estate staff even though the farmer were
responsible for payment. But it is of great importance on those properties which usually
have the worst houses, viz. those in the hands of trustees which are managed from a dis-
tance, or small properties without estate staffs.
372. We desire to make it perfectly clear that our proposal to make the farm tenant fully and solely
responsible for all ordinary upkeep during the lease does not absolve the proprietor from his ultimate
responsibility in regard to structural repairs, or measures of renovation when these become necessary.
The tenant would preserve his right to reclaim from the landlord in the civil court the cost of any such
repairs or improvements which might be insisted on by the Local Authority during the currency of the
lease. Any improvements on farm cottages promised by the proprietor as part of the contract of
tenancy, and not executed by him within (say) six months, could be executed by the tenant and the cost
recovered in the same way.
Sanitary Inspection.
373. It appears to us essential that sanitary inspection of " tied houses " attached to farms should
be made at regular intervals. There was clear evidence that this is far from being the case at present ;
and it was stated by witnesses representing the Farm Servants' Union that the visits of sanitary
inspectors were almost unknown, and that there was difficulty at times in securing attention to written
complaints. (Rotlmey, 31,978 ff. ; Ramage, 32,678.) Two other witnesses from the south of Scot-
land spoke of the infrequency of inspection of shepherds' and other scattered houses, and of the occasional
failure to take effective action even when serious defects were found. (Huskie, 32,605 ; Elhot, 39,361.)
On the other hand, instances were quoted in which the sanitary officials had taken successful action
on complaints received, both written and verbal — complaints which, according to one county sanitary
inspector, are sometimes made under cover of considerable secrecy. (Wintrup, 13,342 ; cf. Ferrie,
32,254.) . . ' .
374. In citing this evidence regarding ineffectiveness of inspection in certain areas, we do not wish
to be taken as suggesting any censure upon the officials concerned. They are often the first to admit
that they cannot carry out to the full extent the duties laid upon them by Parliament, owmg to the
inadequacy of the sanitary staff, and also in some cases to the great distances to be covered and the
difficulties of travel. Duties have multiplied steadily with the coming into force of new legislation,
while no proportionate assistance has been provided ; and thus, not only from the Hebrides, but from
agricultural counties in the east and south-west of Scotland, medical officers reported that the assist-
ance given them was quite insufficient to allow them to carry out even routine work with the prompti-
tude and thoroughness which they would desire to show. (Fletcher, 8236 (3-5), 8279 ; M' Whan, 38,200 (7),
38,205 ; Dawson, 40,137 ; Macnaughton, Appendix CLVIII. (28).)
375. Our attention was also drawn to the difficulty of securing a high standard of technical efficiency
in the case of the part-time public health officials. In the more scattered communities in the north
and west of Scotland the distances are so great, and the means of transit in some cases so irregular, that
it is impossible for the ordinary work of inspection to be undertaken from a single centre. Thus in
Argyllshire there is one medical officer of health lor the county and one sanitary inspector, both of whom
give their whole time, while there are in addition thirty-one local medical officers and thirty-four local
sanitary inspectors, giving only a portion of their time and receiving salaries ranging from £4 to £15.
Here and elsewhere the latter officers are "not even half-time men." They are engaged in medical
practice or other work locally, and may even be dependent upon this for the means of performing their
work as sanitary inspectors or local medical officers, since the travelling expenses allowed by the
District Committee may be quite inadequate. (M'NeOl, 28,191 ff., 28,253 ; also J. M.'Kenzie, 10,219
ff. ; Yule, 12,021 ff. ; White, 12,163 ; M'Nicoll, 36,299 (4), 36,305 ; Dawson, 40,133 (3) (4).) In
certain of the districts covered by the evidence just cited, e.g. Argyllshire, the Outer Hebrides or Shet-
land, this system of numerous part-time sanitary officials may be the only one possible, but in such
counties as Perthshire there seems no good reason lor its continuance ; and where the sanitary inspector
is provided with a motor bicycle it becomes possible for him to cover a much wider district than formerly.
(Ferrie, 32,290.) It seems also worth while to refer to the demand — although it lies somewhat apart
from the immediate subject — for a higher standard of technical training on the part of rural sanitary
inspectors. It was pointed out by the late Sanitary Inspector for Inverness-shire, as well as by unofficial
witnesses, that their work now largely consists in the application of byelaws to new buildings, and is
thus analogous to the work of burgh surveyors and masters of works in the cities ; but if an official is
to exercise any effective supervision over the building of cottages, which may have been designed by an
experienced architect or clerk of works, it is obvious that he must himself have adequate training, and
he should not be guided merely by the most lit'eral reading of the Public Health Act or byelaws.
(Wedderspoon, 6350 f. ; Cobban, 29,088 (19), 29,151 ff. ; Mackintosh, Appndix CLVII. (25).)
376. While for the work indicated a higher standard of technical training would appear to be highly
advantageous, if not absolutely necessary, our immediate desire is rather to recommend that the sanitary
staffs in agricultural districts should be increased by the addition of assistant inspectors. These need
not all possess the full professional qualifications needed for a county sanitary inspector, but they should
be practical men, employed for the full time, and so in a position of independence which would enable
them to carry out their duties impartially and thoroughly. It should be made a statutory obhgation that
all farm cottages should be inspected once a year. As far as possible the ground should be covered in
REPORT. 427
the period immediately following the term, so that incoming occupiers might have an early opportunity
of drawing attention to defects. It should be the duty of the sanitary inspector to get in touch with
the farm-servants and inform them of the nature and reason of the yearly or half-yearly visit.*
If these steps are taken, we consider that the difficulty of securing the prompt repair of farm-servants'
cottages will largely disappear.
(B.) Improvement op Existing Houses.
Provision of Additional Conveniences.
377. The stricter inspection which we have advocated will in many cases lead to demands for
improvements, ranging from thorough reconstruction to the provision of minor conveniences, such as
an external coal-shed. We agree that the supply of sculleries, out-houses for coal, and privy or closet
accommodation are all matters which require attention. In regard to sculleries, however, it should be
noted that the ordinary " but and ben " house of the rural worker does not readily lend itself to the
addition of a scullery, except by the addition of a back door and conversion into what is called a
" through house." In many cases through ventilation added to closets and surface drainage would
diminish dampness, improve the sanitary condition, and decidedly increase the comfort of the farm-servant.
The very important matter of water-supply and sanitary appliances in rural districts we reserve for
treatment in Chapter X. ; but we desire to emphasise the need for the provision of adequate larder and
storage accommodation. It was pointed out, both by official witnesses and representatives of the
Farm Servants' Union, that many rural cottages are very poorly provided with cupboard space and
Bimilar facilities, although these are even more necessary than in town dwellings because of the distance
from shops and the need to store considerable supplies of food, especially in winter. It is also necessary
to provide space for bicycles, water-cans, lanterns, paraffin tins, etc., which otherwise are apt to find
their way into a living-room. Cottages which are suitably designed in this respect remove one great
source of domestic untidiness and disorder. (Wintrup, 13,168 (18) ; Rothney, 31,850 ; Paxton, 32,779
(6) ; M'Whan, 38,200 (28), 38,313 ; Elliot, 39,354.)
Gardens.
378. The Sanitary Inspector for Sutherlandshire urged that more attention should be given to the
provision of garden groimd attached to ploughmen's houses. Where these do not exist, or have been
allowed to go out of cultivation, the ploughmen and his children have practically no vegetables in their
regular diet, and the increase of gardening would, it is claimed, be a great advantage from the health
point of view, and might in some cases tend to lessen the desire for a changa of employment every year,
while it would certainly do much to improve the aspect of the bare and featureless cot-house as it is
commonly seen at the present day. At the same time it was pointed out that too large a garden would
not be readily used, as the ploughman receives field potatoes, and after working on the land all day is
not Hkely to undertake heavy garden work at night. (Rose, 15,510, 15,641 ; Barrie, 28,693 (7), 28,718;
Rodger, 29,693 (6), 29,769 ; c/". Rothney, 31,930.) The great difficulty in regard to ploughmen's gardens
under existing conditions is that changes so frequently take place at Whitsunday ; but we consider that
this could be overcome if it became customary for gardens to be laid down by outgoing servants and
taken over by incoming ones. This is a matter which the Farm Servants' Unions might well take up
in the general interest of their members ; and, failing this, we should recommend that the duty should
be laid upon the employer " to see that the plot assigned to each servant be laid down with simple
vegetables for the use of his next year's servant." (Rose, 15,465 (19).) It would also greatly help to
make the farm-servant's cottage more snug and attractive if a small shelter belt of trees were planted
behind it or on the side exposed to the prevailing wind. As a tenant-farmer in Selkirkshire truly said,
" A few trees to protect the cottage from the north and east wind would not cost much and would add
* a great deal to its cosiness and homeliness. I know many herd's houses that have a very bleak and
* unmviting appearance just for the want of a few trees." (Barrie, loc. cit.)
Bothies.
379. On the question of the housing of single men in bothies and " chaumers " W3 are in general
agreement with the statement and poUcy of the Majority Report. (Paragraphs 11 14-25 and 1167-70). We
wish, however, to call attention to the improvement brought about in the structure of the bothies in certain
areas through the steady and energetic action of the Pubhc Health officials (Mackintosh, Appendix CLVII.
(23) ; Macnaughton, CLVIII. (15) ; cf. DufE, 31,820) ; and we would urge that the work of closing the
more defective bothies and " chaumers " and securing the provision of new and well-ventilated buildings
in their place should be completed in these districts and vigorously pushed on in the more backward
areas. But, apart from the structure of the buildings, there are the moral effects of bothy life to take into
account. These are bad in various directions, and the " kitchen system " may also promote inamorahty
in cases where the sleeping accommodation for the opposite sexes is insufficiently separated. (Dawson,
40,259 ff. ; cf. Esslemont, 31,325 ; Cargill, 31,631.)
380. We also consider that the supervision exercised by the sanitary inspector should extend to the
arrangements for care and upkeep as well as structure of bothies (i.e. see Recommendation (18) of the
Majority.) We agree that the sanitary standard applied to bothies should not be lower than that for
rural cottages (cf. Chapter X. below) ; and we hold that the chief aim to be kept in view is not only
the improvement of the bothy, but even more its gradual restriction through the extension of the system
of "double-binding" (Majority Report, Paragraph 1125), and the provision of additional cottagss for
married men.
* We agree that the work of inspection in scattered districts would be assisted by the repeal of the obligation to
give twenty-four hours' notice of a visit. (Housing, etc.. Act, 1909, section 15 (2), 36.)
428 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
(C) Provision of New Farm Cottages.
380. The rehousing ot farm-servants may de divided into : —
(1) New houses to replace those unfit for habitation ;
(2) Married men's houses to replace bothies ;
(3) New houses built to meet the requirements of agricultural development.
Under (1) probably 15 to 20 per cent of existing farm-houses should bo pulled down and rebuilt on
new sites. The proportion of shepherds' houses to be rebuilt is probably higher than that of cot-houses.
(We refer here to those cottages which are solely occupied by full-time farm-servants and shepherds,
whereas the figiires given in the Majority Report, Chapter III., Paragraph 44 f ., include all defective
dwelhngs in agricultural areas.)
(1) New Hotises to Replace those unfit for Habitationr— Question of the " Tied House."
381. In dealing with the provision of new farm cottages to replace those which are condemned as
uninhabitable, owing to defects of site or structure, or both, we assume that the main conditions of tenancy
will continue, but with the important modifications which we have suggested. It was indeed strongly
argued by representatives of the Scottish Farm Servant's Union that a radical change was required in
the whole system. The arguments advanced were those commonly urged against the " tied house "
wherever it is found — namely, that it militates against the independence of the occupier by placing him
too completely under the control of his employer, and thus prevents him acquiring a sense of interest
in his dwelhng and its surroimdings ; that the process of securing repairs is slow and difficult (a point
which we have already dealt with) ; and that, in the case of farm-servants, there is the further disadvantage
that a dweUing attached to the steading enables the farmer to exact excessively long hom-s of work,
or frequently to call out the ploughman or cattleman for extra help in the evenings. It was represented
that the " excessively long hours of employment, the system of yearly or half-yearly engagement, the
' payment of wages in kind, have a direct bearing on their housing conditions and their social life, and any
' suggestions for improved housing have to take these factors into account." (Rothney, 31,841 (22-25),
31,906, 31,940 fE. ; Ramage, 32,697 fE. ; Paxton, 32,779 (8) ; Ogilvie, 34,991, 35,065 fE. ; A. H. Hamilton,
36,189 fE., 36,283 f .) We feel that it would carry us beyond the Umits of even our extensive remit to take
up all the questions here suggested, as it does not appear to us that we are called upon to consider the
immediate possibihty of a revolutionary change in the methods of Scots farming. Such a change may
in time come about, but we think that, if so, it can only be as the result of a gradual evolution.
382. With one exception, all the farmers and estate agents who gave evidence on this point held that
under Scottish conditions the farmer cannot be certain of securing the maximum production from his
farm unless he knows that his supply of labour can be counted on and is near at hand. On the great
majority of arable farms the supply of cottages is no larger than is actually required for the efficient
working of the holding ; indeed, not infi-equently the farmer has been obliged to hire additional cottages.
{Cf. Paragiaph 366 above.) If farm cottages were either provided by the Local Authority or some
independent body, or were provided by the proprietor as at present, but let direct to the farm-servant,
when the latter left his employment the farmer might be unable to secure a new man because there would
be no vacant house to offer him.
383. It was indeed argued by more than one of the farm-servants who gave evidence on behalf of
their Unions, and by one farmer of considerable experience, that the matter would soon adjust itself,
and that, where farms are situated at considerable distances from one another, the employee would
naturally move to another house when he changed his employment. (Esslemont, 31,360-3, 31,386, and
references above — Paragraph 381.) But the general opinion of those responsible for the cultivation
of the land was that the farmer must be able to count on having at least the chief members of his staff
within easy call. It was represented that in England, where the farm-labourers may reside in villages
some distance away, difficulties were often caused by some trouble among the stock occurring after
working hours when no assistance was procurable, and that the distance to be covered in the morning
and evening formed a serious addition to the work of the day, while it frequently prevented a proper
midday meal being secured by the farm-hand. It was also suggested that the demand for independent
tenancy was by no means universal, and that many grieves and other farm-servants preferred the con-
venience of Uving close to their work.
384. We consider that the representative of the Scottish Chamber of Agriculture, Mr C. M. Douglas,
summed up the position fairly and adequately by saying that " while there are throughout the country
' many undesirable cottages being inhabited by farm-servants, and their only reason for being willing
' to five in them is that the houses are adjacent to their work " ; yet, at the same time, " no farm would
* be workable unless it were supplied with cottages in some way, and the only way of securing to a farmer
' that it shall be supphed with cottages is to attach a certain number of cottages definitely to that farm.
* You could not afford to trust to the ordinary give-and-take of the market for the supply of farms with
' cottages." (Douglas, 2630, 2793, cf 2622 ; W. Smith, 27,872 f ., and statement by the representatives
of the Association of Coxmty Councils, Appendix CXIV. (4) ; Christie, 28,904 ff., 28,948 ; Graham,
29,644; Rodger, 29,830 ; Swan, 31,468 ; J. Reid, 31,594 f. ; Cargill, 31,636 ; Duff, 31,756 (11), 31,790.)
In regard to the question of length of engagements, there was before the war a tendency in some parts
of Scotland near the cities to shorten these ; but it should be borne in mind that the farm-servant at
present has a continiiity of employment and a security for the regular payment of his wage which is
lacking in many other industries. Thus if engagements were greatly shortened, e.g. if weekly employ-
ment became the rule, the farm- worker might find himself deprived of his wage at slack times. (Roberton,
40,942 f., Appendix CXIV. (3).)
385. We also think it well to call attention to the fact that in Scotland, and we beUeve also in the
north of England, where the majority of the farm cottages are " tied," the level alike of wages and physical
energy and practical efficiency is much higher than in the south of England, where " tied cottages " are
not infrequent, but where village housing constitutes the general rule. No doubt the higher wages
REPORT. 429
and greater efficiency of the former districts are due to many interacting causes, and thus it is dangerous
to dogmatise as to the part played by any one [condition ; but it appeals to us certain that the more
regular and more specialised type of farm labour which becomes possible when the cottage is closely
associated with the farm has at least helped to promote a high level of skill in the workers. We note
in the same connection that both the Majority and Minority of the Departmental Committee for England
and Wales on Land Settlement for Sailors and Soldiers, in their final Report submitted in 1916, while
recognising the theoretical objection to " tied cottages," hold that the system cannot in the interests
of practical efficiency be dispensed with, although the proportion of free cottages may with advantage
be increased.* But, if there are very serious difficulties in abolishing the " tied cottage " in England,
these are much greater in Scotland, where, as we have already shown, the whole system of farming demands
the presence of the farm-servant within easy distance of his work.
386. Any proposal for a general change of system from " tied " to " free " cottages would involve
enormous expense. The situation of the cottages would need to be altered, since the farmer could not
be expected to accept a position of affairs in which men working for some other employer should be
housed within the immediate area of the farm buildings. Even if landlords provided houses for inde-
pendent tenancy, and still more if this responsibility were thrown upon Local Authorities, the houses
would need to be placed at a short distance from any individual farm, and as far as possible in positions
convenient to more than one farm. But such a change would involve a vast expenditure of public money
in loans and grants. In districts where, as was commonly the case in Ireland, the great majority of
farm-workers' cottages are insanitary and incapable of adequate repair, this would be justified, and
is indeed necessary. But while many of the farm cottages of Scotland — perhaps as many as twenty per
cent. — are not fit for habitation, the remainder, which form the great majority, are either well built or
capable of improvement ; and we hold that such improvement should take place wherever it is possible,
since the housing needs of rural areas are so great in proportion to their limited rateable value, that capital,
whether public or private, should only be expended on new houses where the old dwellings cannot be
made sanitary and habitable. f
387. In England villages and hamlets are to be met with every few miles. In Scotland, in the purely
agriciiltural districts, the distance between villages and townships is much greater. The change to an
independent system of housing would therefore entail not only a large addition to the number of houses,
but also to the water schemes, draining and scavenging areas, etc. Experience shows that in Scotland,
drainage schemes for small villages usually mean an addition to the rates of not less than 2s. in the £.
Where such villages, or hamlets which might form the nucleus of villages, already exist we hold that
such expenditure may frequently be justified ; but in planning for the future the total capital expenditure
on development and sanitary services should be considered as well as the cost of the actual dwellings.
Provision of Farm Cottages by the Local Authority.
388. The difficulties which we have indicated in separating the tenure of farm cottages from regular
employment on the farm are of general apphcation ; but there would be special difficulties if the Local
Authority were to undertake to provide such cottages. Of these the two chief relate to the incidence
of the financial burden, and the question of management, repairs, and upkeep. In regard to finance,
the difficulties indicated in Chapter IV. are even more pressing in the country than in the cities or larger
burghs ; for the injustice of throwing financial responsibility for the equipment of one estate on to
neighbouring proprietors and ratepayers is morejpatent and would be more keenly felt, while the generally
lower rate of wages and higher costs of building in rural areas would increase the risk of financial loss.
Even if the extra costs brought about by the war were borne wholly by the nation, it would still be difficult
to make such schemes financially successful, since the rents to be paid would be greatly above all past
standards in agiicultural districts.
389. The difficulty is best understood if a concrete case is kept in view. There are many instances
of estates on which the farm cottages are markedly below the standard of the surrounding district, and
these would, under a scheme of building by the Local Authority, be naturally singled out for the earliest
attention on the grounds of pubUc health. If the scheme were to be self -supporting^ — even on the assump-
tion that the Government advances the whole difference between the pre-war and post-war rates of con-
struction and interest — ^the rent of such cottages must be over £10, say, from 4s. to 5s. per week. But
it is very doubtful if the ploughman or shepherd on these particular farms would be willing to pay this
sum for the privilege of a tenancy under the Local Authority, or if he could obtain an equivalent rise
of wages from his employer individually. (C. M. Douglas, 2574.) If, on the other hand, the scheme
were not self-supporting — either designedly or through the liability of all schemes to betray financial
expectations — ^the deficit would fall on the rates. This appears to be inevitable in a considerable
proportion of cases under the proposals of the Majority ; and in this case the burden of improving the
dwellings on a backward estate would fall on the district generally, and in particular would inevitably
be felt as a serious grievance by proprietors who might have spent considerable sums on improving the
housing on their own estates, and who would in consequence gain nothing from the building enterprise
of the Authority, while being called upon to contribute towards the remedying of past deficiencies on the
part of their neighbours. The claims of the smaller ratepayer must also be borne in mind in this
connection. He may be a smallholder or a tradesman who has invested his savings in the purchase
of his house. Especially in the latter case, in which there is no rehef under the agricultural rating
* Cd. 8277, 1916, paragraph 158; Minority Report, paragraph 38. The Minority have subsequently published
Addenda on Housing (John Murray, London), in which they return to the subject, arguing that the special State
assistance to be provided after the war cannot reasonably apply to those " cottages for stockmen, and other special
' hands, which are part of a farm's equipment, and which must remain ' tied cottages.' Owners would necessarily con-
' tinue to supply these ' official residences,' as they have been called."
t We give an indication of the capital expended in the provision of cottages on agricultural estates in Paragraphs
400 flE. below.
430 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
provisions, and the same individual has to pay both owner's and occupier's rates, the injustice
becomes serious.
390. There is also the question of securing the continued tenancy of the new houses at the rent
originally fixed in case any change in the system of farming takes place. (C. M. Douglas, 2579.) It is
now less probable than before the war that land will be allowed to go back from arable farming to pasture ;
but there are other possibilities of changed conditions, and it seems to be widely agreed, even by strong
advocates of housing by Public Authorities, that the ratepayers should not be burdened in order to
maintain a particular industry in an isolated position. (E.g. Whyte, 36,834 (85), quoted in Majority
Report, Paragraph 998.) But if not an isolated coal mine, why a paiticular farm or group of farms ? It
appears to us that any relief given should be made as general and its cost should be as widely distributed
as possible.
391. If such groups of houses were to be provided by the Local Authority, the question of supervision
and repairs would become a serious and difficult one. We have argued so fully in Chapter IV. that Local
Authorities are, in certain important respects, not the best bodies to undertake the duty of detailed house
management, that it is unnecessary to argue the matter again. But it is obvious that the difficulties
are immensely increased when dwellings provided by a Local Authority are scattered over a whole county
or county district instead of being concentrated within the hmits of a single burgh. The Irish experience
seems to us to indicate clearly that this is a consideration of real importance. Under the Irish Labourers
Acts the tenant has the statutory duty of keeping " the glass of the windows and the fences of the plot
' in proper repair. All else must be done by the Local Authority." The witnesses whom we examined
were unanimous as to the difficulties experienced by Local Authorities in carrying out this duty, although
they differed as to the method which should be followed, the alternatives being that the Local Authority
should divide its area into districts and assign the duty of keeping all the cottages in a district in proper
repair to a contractor, or that they should employ men regularly for the work themselves. (O'SuUivan,
42,236 (20), 42,303-6 ; Bennett, 42,567-9, 42,603 ; Hackett, 42,647 ff.) But it seemed clear that the
arrangements for keeping up the cottages had been th-e least successful part of the scheme, and that
many of them were suffering through the carelessness of tenants and the delay in effecting repairs ;
while one witness called attention to the fact that " small repairs and replacements carried out by public
' bodies always cost sums out of all proportion to their value." (Hackett, 42,628 (7).) We have indeed
argued above in favour of an increase in the number of sanitary inspectors in rural districts (Paragraphs
373-375), but we hold that such an increase is needed for the Local Authorities' direct task of inspection
and control, and that it would be impossible with any staff which can be provided in the near future
for District Committees to carry out effectively the week-to-week routine management of cottages
scattered over their wide areas.
392. Thus we are unable to agree with the finding of the Majority on the subject of the Local
Authority's responsibility for providing cottages for farm-servants and for the divorce of the farm-servants'
housing from the farm. The arguments which we have already put forward for limiting the activities
of Local Authorities, and for preserving the full measure of private enterprise, seem to us specially
applicable in this connection. To take over the responsibility from the landowner of building and
equipping, and from the farmer the responsibility of maintaining the farm-servants' houses, however
pleasing it may be to the parties principally concerned, must, in our opinion, cause certain definite
results : —
(1) The complete cessation of estate building. It is inconceivable that even the most progressive
landlord will build if he has not only to pay for the cottages on his own farms, but join in the financial
responsibility for the houses of his less enterprising neighbours.
(2) It will cause very serious delay in the rehousing of farm-servants on account of the opposition
of smallholders, village house and property owners, in fact of all ratepayers (other than farmers and
landed proprietors) who do not share in the preferential housing facilities provided by the Local Authority.
In the larger towns, where the hall-marking of labour does not obtain to the extent it does in rural districts,
it is conceivable that the general public will build out of local rates to provide cheap labour for the local
capitahsts ; in the country, where labour is less fluid, where labour and employers are Imown to the
community, assistance to individuals out of the public rates is neither to be expected nor desired. We
agree with our colleagues that the fine of £100 a day would not be more than sufficient to compel many
District Committees to carry out the behests of the Central Authority for the advantages of farmers and
landowners.
(2) Married Men's Houses to replace Bothies.
393. We agree with our colleagues (Majority Report, Paragraphs 1127 f.) that one of the most urgent
reforms required in Scottish agriculture is the provision of a larger proportion of houses for married
workers. It was stated by witnesses from various parts of Scotland that while farmers had in the past
sometimes preferred to employ a large proportion of unmarried hands, they are more and more finding
that the married worker makes a better servant, as he is more attentive to his work and less inclined
to change. (M'Kerrow, 29,982, 30,021 ; Middleton, 30,157 ; Duff, 31,814.) But, even apart from any
advantage to the farmer, the advantage to the nation is overwhelmingly on the side of keeping as many
famihes as possible on the land; and it was suggested by the witness quoted by the Majority, paragraph
1127, that an obligation should be laid on the proprietor of every agricultural holding not merely to
maintain existing housing accommodation in sanitary and habitable condition, but also to provide, either
on the holding itself or within reasonable distance therefrom, sufficient accommodation for the workers
required for the proper cultivation of the holding, and that the accommodation provided should be such
as to permit the employment of a suitable proportion of married men and their famihes. (Cargill, 31,610
(7) {a).) We do not think that it will be possible to lay down any rigid proportion of cottages to be pro-
vided for married men on farms of different sizes ; but we hold that in the national interest referred
to, a priority should be given in apportioning loans, as suggested in Chapter VI., to those proprietors
who propose to provide such additional cottages, and so to reduce the number of unmarried workers
living in bothies on their estates.
REPORT. 431
(3) New Houses to meet the Needs of Rural Development.
394. In addition to the question of the proper housing of those engaged in agriculture as it has
been organised in the past, with which we have dealt up to this point, there is that of providing for the
new developments which will certainly take place after the war. We feel that the importance of these
cannot be over-estimated ; but until the plans of the Grovemment for agricultural reconstruction, and
especially for the encouragement of small holdings and local industries, have been made known in greater
detail, our suggestions must be put forward in very brief outhne. We contemplate, then, very considerable
changes in the rural economy of Scotland after the war, though the new forms of production will probably
rather supplement than supersede the old. If, as we hope, there is a marked revival of village life and
industry, this will of itself cause a demand for many thousands of new houses, since the existing accom-
modation for the general worker in the country districts (labourers, ditchers, dykers, small tradesmen,
and others) is often defective both in quantity and quality. (C. M. Douglas, 2767 ; Esslemont, 31.409 ;
Fenwick, 31,744 fE. ; M'Nichol, 36,299 (10) ; M'Whan, 38,217 ; Houston Anderson, 38,869, 38,870.)
In the effort to meet this need there will be room for practically all the forms of enterprise mentioned
in the previous chapter.
395. As afEorestation and other forms of rural development proceed, it seems probable that a class
of rural workers will grow up who secure regular employment in forestry during the winter and cultivate
a small holding in summer, or who combine the intensive culture of an a,llotment with seasonal work
as drainers, rabbit-catchers, harvest-hands, etc. It was stated by the factor of a Perthshire estate that
even before the war there was a considerable class of independent or semi-independent workers of this
kind who might quite well with suitable assistance acquire their own dwellings, (Houston Anderson,
38,852 (4) ; 38,867 f.) ; and we hold that their needs would be met by the recommendations which we
make for the encouragement of occupying ownership. But it is even more necessary in the country
than in the town to make perfectly clear and familiar the facilities which exist for this end. In this task
Local Authorities will have their part to play, either by actively promoting the appU cation of the Small
Dwelhngs Acquisition Act (Munro, 27,621 f!., and Paragraph 316 above), or by assisting the formation
and contributing to the capital of public utility societies under the powers given by the Housing and
Town Planning, etc., Act, 1909, section 72. In some instances they may also provide dwellings directly
where such societies cannot be formed, since in the case of housing in villages the difficulty of supervision
and maintenance would be less than in that of scattered farm cottages.
Place of a Central Society for Rural Housing.
396. But we would especially urge the importance of founding a Scottish Central Society to carry
on work analogous to that of the (Rural) Housing Organisation Society in England in promoting the
formation of small groups of houses owned and managed on copartnery lines, especially in colonies of
smallholders, and in connection with rural industries. The work of this body has been carried on in close
co-operation with the English Agricultural Organisation Society, since both organisations are engaged
in promoting co-operative efiort among smallholders or farm-workers by providing them with cheap
houses and allotments. It has achieved a gratifying measure of success at various points in the south
of England, both in providing exceedingly economical houses, and in estabhshing tenants' committees
for their management. Two of our members visited the group of cottages at Somersham, which contain
four rooms and scullery, built about a year before the outbreak of war, for the sum of £111, 5s. These
cottages, with a fourth of an acre of good land attached, are let at a rent of 3s. 9d. per week including rates.
(Betham, 25,641 f., 25,662 ff. ; Report of the Society for 1913-1914, p. 23.) These results have been
gained by calhng out the interest of those taking the cottages, and giving them responsibihty for the
management of the scheme, and also by utihsing as far as possible local methods of building and local
experience, while the Society was able to suggest many improvements and economies. At the outbreak
of war the Society was engaged in organising County Societies in various parts of England, differing as
widely as Westmorland and Suffolk, to promote the movement in their own districts, and to secure its
adaptation to local circumstances. (Betham, 25,675 ; Third and Fourth Reports of the Society.)
If such a Central Society were formed in Scotland and proceeded to develop county branches, the move-
ment would combine the best features of local and central initiative, and the financial provisions indicated
in Chapter VI. would be applied in such a way as to produce the greatest result from the capital provided
by the State.
397. There would be, it is true, some difficulty in effecting the transition from the rents of £5 or
less per annum which have been customary in most villages and rural districts, to the rent of not less
than 5s. per week — ^and in many cases considerably more — ^which would be requisite for a cottage and
garden or allotment, even assuming that the State bears a large part or the whole of the abnormal
charges of building which will obtain after the war. But it is most desirable that village housing should
be placed on a sounder financial basis than that which it has occupied during the last generation, and
if an industrial and agricultural revival takes place in the country, the ability to pay higher rents will
in time follow. For the period of transition it might be well for housing societies to use part of the State's
subvention to allow of houses being rented at one-half or two-thirds of their ultimate value during the
first years of tenancy, after which the rent might be increased by annual increments, until after six,
eight, or ten years the full rent would be paid.
Conclusion.
398. Thus we consider that a distinction must be drawn between the problem as it affects those
farms which employ several skilled farm-servants, whose whole time must be devoted to their work,
and who require to be housed as near to it as possible, and the problem as it exists in the villages, in view
of the development to which we look forward in the not distant future in afforestation, minor intensive
agriculture, and rural industries. In the latter the copartnership principle and occupying ownership
432 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
may have a large place ; but for the former, we consider that the traditional system by which the pro-
prietor provides a definite number of cottages as part of the equipment of the farm to be used by those
employed on it will continue to hold the field. It is no hardship to the proprietor that he is required
to find the capital for cottage building when he is dealing with a large agricultural subject requiring
expensive equipment, but yielding an adequate return in rent. In the past there have been hardships
involved for the occupiers of many farm cottages, but we hold that they are not inseparable from the
system, and that they can be removed in the ways which we have suggested. But there remains a
third type of agricultural subject, the small holding, including the small or medium-sized farm. This
presents a financial problem which appears to be sufficiently distinctive to require separate treatment,
as it forms the central link in the whole chain of rural economy.
Eecommendations.
1. In the case of the larger farms we do not recommend any radical change in the present system,
as we consider that the abuses which have been coimected with its working in the past can be remedied,
(a) By definitely fixing the respective responsibility of the landowner and the tenant-farmer : —
(i.) The landowner being responsible for the provision of suitable farm cottages at the begin-
ning, and for all structural repairs during the course of the lease,
(ii.) The tenant-farmer being responsible for the upkeep of the cottages, and for repairs
other than structural during the course of the lease. (Paragraphs 370-2.)
(6) By securing for the farm-servants a statutory opportunity to inspect the house before concluding
his engagement or undertaking to enter it.
(c) By increasing the staff of Public Health Authorities in rural districts, and so securing an adequate
inspection of all farm cottages once a year, and by raising the qualification of sanitary inspectors and
assistant sanitary inspectors in certain districts. (Paragraphs 373-6.)
2. We recommend that gardens of moderate size should be attached to farm cottages, and that,
when a farm-servant leaves at Whitsunday, the farmer should, failing any arrangement between the
outgoing and incoming occupiers, see that the garden is laid down with simple vegetables. (Paragraph
378.)
3. In regard to housing for single men, we accept recommendations (15) to (27) of the Majority
Report (Chapter XV.) with the following reservations : —
(a) While we agree that the sanitary standard for bothies should not be lower than for rural cottages,
we make certain suggestions on the subject in Chapter X. below.
(6) We hold that it should be competent for Local Authorities to raise the number of men allowed
to sleep in a single room from two to three.
(c) We consider that it should be the duty of the sanitary inspector to see that satisfactory arrange-
ments are made for the care and cleaning of bothies as well as for structural upkeep. (Paragraph 380.)
4. As regard other rural workers, we emphasise the importance of the revival of village hfe and small
industries in rural districts, and we consider that the proposals already made will form the basis of
this ; and we recommend that a voluntary Central Society should be formed to promote this end on
the lines of the (Rural) Housing Organisation Society in England. (Paragraphs 394-7.)
CHAPTER VIII.
HOUSING ON THE SMALLER FARMS AND SMALL HOLDINGS.
399. As we indicated at the close of the last chapter, the problem of the smaller farm and small
holding is to a great extent distinct from that of the large farm. In the latter, which we have just dealt
with, the question of the tenure and management of cottages, complicated as it is in many districts by
the prevalence of the bothy system, outweighs in importance the purely financial question, since the
provision of cottages is only one item — and not the largest item^n the equipment of a farm yielding
a considerable return in rent. In Chapter IX. we shall again be confronted by questions of tenure, and
of the special customs, social and agricultujal, of the crofting communities in the Hebrides. But in
the intermediate class of holdings, forming probably a majority. of the agricultural subjects of Scotland,
the financial question is the paramount one. The subject of this chapter includes crofts and small holdings
on the niainland and the islands other than Skye and the Outer Hebrides, while at the other end of the
scale it embraces a certain number of farms where one or two farm-servants are employed in addition
to the tenant and his family, but where the rent received does not amount to more than a moderate return
on the cost of buildings and equipment, leaving no rent properly so-called for the land. The accuracy
of this last statement can be established from certain facts laid before us regarding the actual expenditure
on the equipment of holdings on representative estates ; so this seems to be an appropriate point at
which to introduce these figures, which will provijje a basis for the discussion of the important question
with whom financial responsibility for the provision of houses on small farms and holdings should
ultimately rest.
(A) Expenditure by Estates on the Equipment op Holdings.
400. An account was given by the Factor and Chamberlain to the Earl of Stair of the expenditure
on the Stair estates in Wigtownshire, where between £40,000 and £50,000 has been expended during the
last fifty years on the improvement of cottages for rural workers. About 500 cottages have been erected
or remodelled, buildings of stone or brick with slated roofs taking the place of damp, thatched cottages,
REPORT. 433
while all the more recent cottages have three apartments, and an extra room is added to two-room houses
as opportimity offers. The low average cost (somewhat mider £100 per cottage for the whole period)
is in part due to the fact that the farmer commonly carts the material, and the charge for architect's
services is borne by the estate ; but even before the war the cost had risen very considerably, and amounted
to £120 to £150 per cottage, plus carting and other expenses. The same witness gave particulars of new
cottages erected, or old cottages renovated and enlarged on various other estates in the same district,
and gave it as his opinion that three-fourths of the farm cottages had been built or improved by the
erection of additional accommodation during the last foi-ty years. The Sanitary Inspector for the coimt/
spoke strongly of the advantage to the health and morals of the farm-workers through these improve-
ments in the standard of accommodation. (M'Harrie, 28,325 (4), 28,332, 28,472 f. ; Brand, 38,484
(12-15) ; c/. M'Caig, 30,544, 30,571.)
401. Mr M'Han'ie also gave evidence bearing more directly on the equipment of small holdings as
distinct from the provision of cottages for the larger farms. In one instance a holding on which the
proprietor has spent £800 in the course of thirty years has been let at a rental of £45. The expenditure
on fourteen small holdings in one parish has amounted to 18| years' rental in the same period, while
in one case it equalled 29 years' rental. (M'Harrie, 28,392 f .) On another large estate in the south of
Scotland " the average annual expenditure for the past five years for the improvement and maintenance
' of farms, houses, and cottages has been equal to 5s. lOd. per £ of rental." The witness who gave this
figure stated that it represented only normal upkeep, as the property as a whole was in good order. When
owner's rates and taxes, management charges, etc., were added, the total outgoings — without taking
account of death duties or of expenditiire on gardens, etc., which might be considered of a personal
nature — amounted to 10s. 11 •4d. of rental. In this case a large number of hill farms were included, on
which the cost of upkeep is comparatively low, as the witness stated that in certain cases charges for
maintenance approached 15s. in the £. On the same estate expenditure on cottages with a total rental
of £794 had averaged £920 per annum durmg the five years ending 1913, while during the last year it
amounted to £1217. Thus during this period more than the whole rental was spent annually on
maintenance and improvements. (Mihie-Home, 29,842 (37 f.), 29,925.)
402. The same witness gave estimates for the equipment of farms ranging from 100 to 500 acres,
bringing out the following average amounts per acre : — 100 acres, £14 ; 200 acres, £10, 15s. ; 300 acres,
£9, 10s. ; 500 acres, £8. In the Eskdale district the rent of farms of this class would seldom exceed 15s.
per acre, " and the general average would be nearer 12s. " ; thus it will be seen that in the case of the
smaller farms, where the gross return may only equal 5 per cent, on the equipment, there is no real rent
being paid for the land. In the case of a smaller holding of 50 acres rented at £35, the very minimum
charge for buildings only would be £400, or £8 an acre, while the total equipment " might easily run up
' to £20 an acre." Mr Milne-Home summarised these facts in the following statement : — " Speaking
' generally, it may be stated that in the case of farms rented at £80 and mider, the present gross rent
' does not represent as much as 4 per cent, on the cost of equipment, and if allowance is made for main-
' tenance and owner's rates and taxes, the net return on the cost of equipment will be 2-| per cent, or
' less, without reckoning anything for the prairie value of the land." (29,842 (33) ; 29,928.)
403. The factor of several estates in East Perthshire and Forfarshire gave a somewhat higher
estimate for the equipment of farms and suitable buildings — ^large farms from £12 to £15 per acre ; medium
farms from £15 to £20; and small farms £20 and upwards. (Ralston, 30,187 (32).) Passing on to
Aberdeenshire, where there is a large proportion of small farms all under £50 rental, it was stated by one
factor that a £30 holding could not be equipped with house and steading at a less cost than £320 to £340,
without taking account of the proprietor's expenditure on access roads, etc. In this case the gross return
on equipment only, apart from land, would be considerably under 10 per cent. ; and the same witness
stated that on one estate the total net retm'n was not- more than If per cent. (Christie, 28,964 ff.)
On another estate the proprietor had rebuilt the house and farm for a tenant whose rental was £12, 12s.
at a cost of about £300 ; and he pointed out that the return on a holding of this size rapidly diminishes,
as the cost of equipment cannot be reduced in proportion to the smallness of the rental. (Grant, 29,041 f .)
The Architect and Surveyor for the Haddo estate considered that a £10 holding could be equipped with
house and steading for £200 — ^the figures given all refer to pre-war prices— but he pointed out that the
average rental of these holdmgs was only 17s. 3d. an acre, and added^ "Taking a ten-acre place ... if
' you get the rent for the land there is no return for the buildings at all." In spite of that fact the 540
small holdings on this estate are invariably supplied with buildings by the proprietor. (Cobban, 29,209 ff.)
404. Detailed evidence regarding the improvements carried out on the Seafield estates in Banffshire
was submitted by Dr Campbell, who was Commissioner for these estates from 1888 to 1912, and Convener
of the County of Banff from 1896 to 1913. Of 834 holdings on this estate, 670 were small holdings mider
£50 rental. On these 834 holdings, 335 dwelling-houses or cottages were erected or rebuilt by the estate
during the period of twenty-foui' years referred to. Where farm cottages were not provided free, the rents
charged amoimted to £2 to £4, 10s. per annum ; and there were many instances of crofts with a few acres
of land, with a garden and good dwelling-house and offices, where the rental was less than that paid for
similar dwelling-houses alone in neighbouring towns, such as Buckie or Cullen. The following, among
other instances, were given of expenditure on small holdings during the period named : — 4| acres arable
land, a few acres brae pasture, rent £4, 16s. 6d., expenditure on buildings, £124, 15s. ; 15 acres arable,
3 acres pastm'e, rent £6, 15s. 6d., expenditm'e on buildings £103, 15s. 9d. ; 5| acres arable, 11 acres
pasture, rent £6, expenditure on buildings £131, 10s. lid. ; 9 acres arable, 5 acres pasture, rent £8, 10s.,
expenditure £183, lis. lOd. ; 26J acres arable, 11-|- acres pasture, rent £15, expenditure £308, 12s. 7d.
These figures do not include the cost of cartages, architect's fees, or management. On this estate during
the period in question, expenditure on buildings, drainage, roads, fences, bridges, general estate improve-
ments, public burdens and management amounted to about 60 per cent, of the gross rental ; while in the
case of small farms and crofts it was much higher. (Campbell, 38,594 (13 f.)
405. It should be noted in this connection that the small holdings in Aberdeenshire, numbering
between 6000 and 7000, most of which are now maintained by the proprietor who provides new or addi-
tional equipment, were originally held on " improving leases." Under this arrangement the smallholder
28
434
ROYAL COMMISSION ON HOUSING IN SCOTLAND.
improved the land and provided the bxiildiugs as in the west of Scotland ; but on his death, or at the
termination of his tenancy, they passed to the proprietor. These buildings were in most cases of a very
poor description, and the heavy expenditure by certain estates in the north-east of Scotland on the
improvement of buildings and small holdings has been largely in connection with this class of case.
(Conacher, 5458 (5), 5467.) Thus, as Dr Campbell admitted in the case of the Seafidd estates, the
expenditure during the twenty-five years covered by his evidence was considerably above the normal,
and in part at least would be non-recurrent. (38,600-3, 38,639.) But this does not affect the main con-
clusion which these figures establish, viz. that the necessary expenditure for the equipment of a small
croft, even at the rates ruling some years before the war, was wholly out of proportion to the return in
rental.
406. Other instances may be quoted from distinctively Highland estates. On the Poltalloch estate
in Argyllshire, a sheep farm let at £90 per annum is provided with a dwelling-house and steading costing
£1200 and a timber cottage for the shepherd costing £250, bringing the total cost of equipment, without
fencing, up to £1450. (Edgar, 29,374 (14).) If fencing were included, the gross annual return would
presumably be less than 5 per cent. On the estate as a whole the percentage of the purely agricultural
retatal spent on renewals, repairs, and improvements " worked out at 34 per cent., and this quite exclusive
of original outlays." The County Assessors issued m 1907 a statement relating to ninety-two estates in
Argyllshire, showing that upkeep and improvements absorbed fully 30 per cent, of the gross rental ; while
local and imperial taxes, stipends, and management expenses brought the total up to 55-386 per cent.
On the Poltalloch estate during the thirty-four years from 1878 to 1912 the percentage was 59-921 ;
and it must be remembered that several of the charges have risen rapidly during the later portion of this
period. On this estate the proprietor has provided the equipment for small holdings, the return on capital
so expended being "practically nil." On one holding, £693 was recently spent on the farm-house and
steading alone, and the rent was fixed by the Land Court at £35. In another case £318 had been expended
and the rent was fixed at £9, representing an increase of a few shillings, on account of the fact that the
smallholder dechned to carry out painting on his buildings. (Edgar, 29,374 (15), 29,388 ff., 29,480.)
407. Dr William Mackay gave similar figures regarding various properties which he factors in
Inverness-shire. , A farm of 91 acres arable in cultivation and 943 acres hill and wood pasture, etc.,
is rented at £90, the proprietor's expenditure on housing and equipment being £1630. If 7^ per
cent, is taken as the minimum gross return necessary to cover all outgoings and provide a low return
on the capital sunk, there is a loss on this farm of £36 per annum, although no rental is allowed for
the land. A smaller farm on the same estate, rented at £81, has been equipped at a cost of £1200,
leaving a deficit of £9 per annum on the same basis. Another holding of 90 acres arable and 1196 hill
pasture, equipped at a cost of £1500, is rented at £72, leaving a deficit of £40, 10s. (In this case the
tenant has reclaimed 9 acres of land at a cost of about £20 per acre, and has expended £90 on improving
the houses of the shepherd and ploughman.) A smaller holding on the same estate was reduced in
rental by the Crofters' Commission in 1891 from £11 to £10 ; in 1906 the proprietrix erected a dwelling-
house at a cost of £131, no interest being charged and no addition made to the rent. In this case
" 7^ per cent upon the cost of the dwelhng-house comes to £13, lis., leaving to the proprietor for
' the land a minus quantity of £3, lis." ; and as the tenant has made a demand on the estate for
a new steading, the proprietor is faced " with the possibility of having to build offices, or to submit
' to a reduction of l^he rent, and to the tenant being declared a smaU landholder." On another
holding of about 8 acres arable and 8 acres pasture the proprietor has spent £234 on buildings in the
course of forty years, erecting a new dwelling and supplying wood and corrugated iron to the value of
£40 for the steading. 7| per cent, on this expenditure would amount to £17, lis., but the rent is only
£9. (W. Mackay, 15,665. In the first three cases the dwelling-house was erected from thirty to forty
years ago, when prices were much lower than- at the present time ; thus the result is more favourable
than if the buildings had been recently provided.) The witness stated that, while he had based his
calculation on a gross return of 7^ per cent., the return necessary to produce a net income of from four
to 5 per cent, on the capital expended should be not less than 10 per cent, gross. (15,677, 15,712.)
408. The most general statements which we obtained regarding the return on purely agricultural
property was submitted by a witness representing the Scottish Land and Property Federation. Returns
were received by that body fron* 126 estates, giving the gross rental of agricultural lands mdy ; and
the proportion, of this rental which was absorbed by rates and taxes, including heritors' assessment and
stipend, management, insurance, repairs and improvements, including buildings, fences, drains, etc.
The figures were as follows : —
Districts.
Number of
Returns.
Average Percentage of
necessary Outgoings
to Income.
1. Highland . . . . . , .
2. North-east
3. Central ..... ^
4. South '■
5. West
12
17
27
41
29
58-9
46-7
40
45-6
47-7
Average percentage — over the whole returns — of necessary Outgoings to Income=46-31.
Average period of years covered by the retums=20. (Ralston, Appendix CXVII.)
409. From these facts it is clear that, on a considerable number of the more progressive estates,
equipment has been furnished to tenants, and especially to smallholders, at a rate very decidedly lower
than would obtain in any other form of enterprise. At the same time we are fully aware that there are
REPORT. 435
other estates on which, through lack of capital or other causes, Uttle or nothing has been done for the
improvement of housing, e.g. in parts of Caithness, where grave difficulties have been placed in the way
of Pubhc Health administration by the poverty of many of the crofters on the one hand, and on the other
hand, by the fact that several large estates have been under trustees and have failed to keep the farm-
servants' cottages up to a sanitary standard. (Rose, 15,574 ff. ; J. S. Robertson, 16,260-3.) The pro-
prietors or trustees of such estates frequently pay the penalty of reckless finance in the past, when rents
were high and bonds on agricultural subjects could be readily obtained ; but since the serious fall in rents
took place, so large a proportion of the gross revenue has gone to the bondholders that there is no margin
for regular upkeep, much less for extensive improvements. Thus it comes about, as the Secretary of the
Board of Agriculture pointed out, that there may be the most marked variations between the conditions
of housing on neighbouring estates. In the crofting districts, even where the landholder has no legal
claim upon the proprietor for financial assistance in equipping his holding, many proprietors, especially
on the east coast, have voluntarily given very considerable assistance. Instances on the west coast such as
those of North Harris, Benbecula, Coigach (Ullapool), and Gairloch, were also mentioned by the Secretary
of the Board of Agriculture. (Conacher, 43,464 (7).) Thus it appears to us a matter of vital importance
that the supply of capital for the improvement of houses on the smaller farms and holdings, which has in
the past frequently come from the estate, should not be checked by ill-considered legislation, as long as the
proprietor is willing and able to provide it, unless the Government is prepared to take over this responsibility
in the future, and to provide the necessary capital. (See Paragraph 416, below.)
(B) Effect of Land Acts on Housing.
410. In the evidence from the Outer Islands, and also from certain other crofting districts, e.g.
Shetland, emphasis was laid on the efEect of the granting of security of tenure by the Crofters' Act of
1886, in encouraging the more enterprising crofters to erect improved houses on their holdings. {Cf.
Majority Report, Paragraphs 1348, 1358-60 ; and below, Paragraph 431.) But, while the original Crofters'
Act gave this positive encouragement, which was in many cases taken advantage of, it left a good deal
to be desired from the standpoint of administrative control over the poorer and more backward holdings.
Thus it was stated by the sanitary inspectors for Ross-shire and Caithness that considerable difficulties
had been caused in public health administration through the fact that the original Crofters' Act of 1886,
while it settled the purely agrarian side of the question, " almost entirely omitted to deal in a satisfactory
' manner with the conditions of the housing on the crofts " ; and that it had been found impossible
to enforce Closing Orders owing to a doubt as to whether the crofter was the " owner " of his house for
public health purposes. (Mackenzie, 6550 fi. ; J. S. Robertson, 16,234 (3) (20).) We agree with the
argument of the Majority (Paragraph 1478) that the responsibilities of the owner of a dwelling-house
on a croft should, in every case, be placed upon the smallholder ; and we attach considerable importance
to their suggestion in the following paragraph that the Local Authority — who are responsible as Public
Health Authority for housing conditions {cf. Anstruther, 27,887 fi. ; Conacher, 43,632 ff.) — should have
an opportunity of making a representation to the Land Court regarding the condition of the dwelling
before the " fair rent " was fixed. It would be possible in this way to ascertain whether the landholder
was prepared to apply to the Board of Agriculture for a loan for the necessary improvement to his dwelling.
(1) Position of Smallholder and Policy of the Board of Agriculture.
411. But, while these recommendations would remove the legal and administrative difficulties,
the financial question stiU remains, (a) As regards the statutory small tenant, the Sanitary Inspector
for Caithness quoted the case of a crofter with a " wretched house," who had been declared a statutory
small tenant. The rent was only £2, and the proprietor not unnaturally decUned to erect a house on
a croft of this rental. (J. S. Robertson, 16,234 (62), 16,255.) In this case the remedy would be for the
tenant to be declared a landholder, but if he does not choose to make application, a complete deadlock
may be reached. Further, no loans are available for improvements on the holdings of statutory small
tenants.
412. (b) In the case of the landholder, the legal position is somewhat simpler, as the proprietor
has been reheved of responsibility for the upkeep of buildings on the holding. But the financial difficulty
in regard to housing may be not less serious. In cases where the Land Court has given security of tenure
and fixed a fair rent, this undoubtedly gives a certain expectation of undisturbed tenure of the croft ;
but the dwelhng may be entirely unsatisfactory, and the holder may find himself threatened with a
Closing Order by the Local Authority, and consequently with the loss of his holding, unless he can renovate
his house to their satisfaction. In this case it is open to him to apply for a loan to the Board of Agriculture,
which advances money for the equipment of holdings, on a fifty years' loan at 4 per cent., including
insurance and sinking fund, or 3^ per cent. net. (Conacher, 5531 ff.) But the tenant of a 30s. or £2
croft is unlikely to apply for a loan of from £100 to £200, the interest and sinking fund on which, at 4
per cent., would treble or quadruple his rent. (Dick, 16,197 f.) If he dechnes to do so, the Closing
Order of the Local Authority will presumably take effect, though there may be some difficulty in carrying
it to the point of ejection — never a popular process in crofting districts.
413. It appears to u& that two things are necessary if these difficulties are to be successfully dealt
with. First, the Board of Agriculture should formulate a clear policy as to the size and type of croft
which it is desirable in the national interest to keep in being ; and second, the Board should be provided
with sufficient funds to meet all reasonable demands by landholders for loans for the improvement of
houses on such holdings. But it was by no means clear at the time of our inquiry that these conditions
were complied with. The Board is furnished with an annual grant of £200,000 " for the purpose of
' facihtating the constitution of new landholders' holdings, the enlargement of landholders' holdings,
' and the improvement and rebuilding of dwelling-houses and other buildings of landholders and cottars
' in terms of the Landholders' Act, or the Congested Districts (Scotland) Act, 1897, and for the purpose
' of exercising the other powers and duties conferred on or transferred to the Board under the provisions
436 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
' of this Act, in accordance with schemes to be apjjroved by the Secretary for Scotland." (1911 Act,
sections 5, 6.) These powers are sufficiently wide ; indeed, it is a question whether if they were exercised
to the full extent the grant of £200,000 would suffice to meet the demands upon it.
414. During the years from 1913 to 1914 the Board appear to have followed the order in which
these various purposes are named in the Act, placing first the constitution and equipment of new holdings,
and second, the enlargement of holdings ; while up to the end of 1914, when operations were naturally
retarded or arrested by the war, they had done very httle to provide for the improvement of dwellings
on existing holdings. Durmg the period up to 31st December 1914, £13,382, lOs. had been advanced
in building loans to existing holders, including loans for steadings as well as houses. The island of
Lewis accounted for sixty-three loans amounting to £2165, and the mainland of Ross-shire for thirty-
eight loans amounting to £1707. (Conacher, 43,582; see also Report of the Board of Agriculture,
Cd. 7899, 1915, p. xx.) But this rate of expenditure (about £5000 per annum for the whole of Scotland)
appears to be less than that maintained for a quarter of a century on the Seafield estates alone (Campbell,
38,594 (3), (5)) ; and in the year 1915 it was decided further to limit the loans to existing householders
for the improvement of buildings under section 9 of the 1911 Act, in view of the necessity of conserving
the funds of the Board. (Cd. 8282 (1916), p. xiii.)
415. We do not wish to be understood as criticising the action of the Board of Agriculture, who had
a very large and complex task to face on their appointment, and who may naturally have been guided
both by the order in which the main objects of their work were stated in the Act, and by the vigour
/ with which the demand for new holdings was publicly expressed, to give precedence to the formation of
these. But, while we recognise the force of these factors in the situation, we also desire very strongly
to emphasise the need for a continuous and vigorous effort to maintain and improve the standard of
housing on existing holdings. To enable the crofter who is at present on the ground to improve his
house appears to us an object every whit as urgent as the provision of new holdings in other parts of
the country ; while it is undoubtedly a less costly mode of procedure, as there is no question of com-
pensating for the disturbance of existing agricultural interests, and in most cases part of the equipment
of the croft will still be found serviceable.
Need for Adequate Financial Provision.
416. It appears to be assumed by the Government that in the great noajority of cases landholders
cannot expect further financial assistance from the proprietors on whose estates their holdings are situated,
since any further assistance from the proprietor would only be given ex gratia ; indeed, it has been argued
that " only on such a footing would it be equitable to give the smallholder such security of tenure as
' was deemed necessary to give him a fair chance of succeeding." (Conacher, 5458 (3), 43,559 ff.) But
we are by no means satisfied that the full financial implications of this policy have yet been faced or
that the extent of the obligation thus tacitly assumed by the State has been fully recognised. The
case of the Outer Islands will be separately treated in the next chapter ; but the provision of equipment
under the landholders' tenure forms a heavier charge elsewhere ia proportion to the number of holdings
dealt with — hi 1913 it was estimated by the Secretary of the Board of Agriculture as averaging over
£500 in the south of Scotland, and about £350 north of the Grampians, while in the Hebrides £170 would
probably suffice. (Conacher, 5458 (4) ; Coles, 5351 (1) — the proportion assigned to the dwelhng-
house out of the £500 in the Lowlands was only £200.) Thus we consider it essential that, as soon as
possible after the termination of the war, a careful estimate should be made of the amount necessary
for the improvement of dwelhngs on holdings which have fallen, or may shortly be expected to fall,
under the landholders' tenure ; and that the Board of Agriculture should regard it as a primary duty
to facilitate and promote the improvement of these dwellings, and should be provided with sufficient
funds to meet all claims for this purpose. In view of the facts that there were 51,866 crofters in Scotland
at the coming into operation of the 1911 Act,* and that the restrictions of the area to which the 1886
Act apphed have now been removed, we do not consider that the sum of £30,000 per annum suggested by
the Majority for the improvement of the housing of all the crofting districts including Lewis is by any
means adequate. We strongly urge that separate provision should, be made for the Outer Islands and
Skye (Chapter IX.), and for the other crofting districts.
' (2) Policy Regarding Statutory Small Tenants.
417. The policy adopted in regard to the statutory small tenant will naturally be determined by
the general view taken as to the desirability of encouraging the expenditure of capital by proprietors
on the maintenance and equipment of small farms. There is undoubtedly a tendency at the present
time to argue that the provision of capital for this purpose is the direct affair of the State, and conse-
quently that statutory small tenancy should, wherever possible, be merged in the regular landholder's
tenure. (Cf. Majority Report, Paragraph 1354.) If this should be the final decision, we can only repeat
that it carries with it a heavier financial responsibility than is commonly recognised. At the time at
which the Landholders Act was passed, the general impression — we do not necessarily say the intention
of those responsible for the measure — was that the new annual grant applied primarily to the creation
and development of new holdings ; nor was it foreseen over how wide an area the burden of providing
for the improvement of dwellings on existing holdings might fall upon the Board of Agriculture. Thus,
in the three years before the war, the position was not without its serious side ; for, while the capital
formerly supplied on a large scale by such estates as those named above was to a considerable extent
dispensed with, it was still uncertain whether a similar source of supply would be provided by the State
for this precise object. This danger can only be avoided in future if proprietors who are prepared to
carry out improvements on small holdings receive all reasonable encouragement to do so, unless the
State is actually ready to relieve them of this responsibility.
418. Our contention in this respect is — ^and we desire to state it as strongly as possible— that no
department of rural housing should be allowed to fall between the spheres of private and national enter-
♦ Reply by Secretary for Scotland to questions in House of Commons, August 7, 1917.
REPORT. 437
prise, looking for support to both, but receiving it from neither. A definite decision is the first requisite
— -just as we pointed out at an earlier stage that a definite policy as to the class of farm which is to be
broken up for the creation of small holdings would help to remove the hesitation felt by proprietors in
improving the farm cottages on their estates (Paragraph 66, above.) But while we would welcome any
decision rather than a protracted refusal to decide at all, our view here is that which we have already
stated in other connections- — that the field to be covered is so wide that the sole reliance on finance from
national funds would be a profound mistake. The State has clearly assumed responsibihty in regard to the
landholder, and we have already urged that adequate provision should be made to stimulate or supple-
ment his own efforts for the improvement of the buildings on his holding. But in regard to the statutory
small tenant the case is different, and the problem is one of no small magnitude. It is true that this
class is limited to those holdfng their farms or crofts on the conditions stated at the coming into operation
of the Small Landholders Act. But in the counties of Aberdeen and Banff alone, the holdings of between
5 and 50 acres in 1912 amounted to nearly 7000, of which the great majority had been equipped by land-
lords ; and, as we have shown, on certain estates many have been equipped recently at large expense.
419. We hold that it would be a serious error if this form of enterprise were brought to an end, or
if an attempt were made to bring all statutory small tenants under the landholder's tenure ; for if this
were done, an important channel for the supply of capital for improvements would be closed. It also
appears from the instances already given, that on many estates the equipment has been provided to
the holder at a less rate than the 3| per cent, for interest only which is charged by the Board of Agriculture.
Accordingly it was suggested by one witness that the Board should be empowered to advance loans for
the improvement of statutory small tenants' dwellings as well as those of landholders. (J. S. Robertson,
16,255.) We consider that this suggestion will only prove applicable in a limited immber of cases, since,
if any estate is unable to find the requisite capital without recourse to State assistance, it would frequently
be simpler for the smallholders upon it to be registered as landholders and receive loans from the Board
of Agriculture direct (see, however. Paragraph 425, below). But we are satisfied that those proprietors
who are financially able to equip the smaller holdings on their estates might readily be encouraged to
do so by a guarantee that, when an " equitable rent " is fixed in the future full account will be taken of
unexhausted expenditure on housing, and a moderate rate of interest allowed upon it. This could easily
be done, as one experienced witness suggested, if a rent were first fixed for the dwelUng-house, and the
land and offices were subsequently valued. (Duff, 31,756 ; cf. 31,805 ff.) We approve of this suggestion
— ^always provided that the house is of the size and type appropriate to the holding.
420. Another witness stated that specifications for landholders' dwellings have been in some cases
relaxed to an extent that would not be contemplated were the buildings erected by a proprietor.
(Constable, 29,265 (9), 29,332 ff.) We do not know how far the instance given was representative ;
but as a general principle we hold that, while the frequent revision — ^and, where possible, relaxation —
of byelaws is highly desirable, the benefit of this should be shared equally by all providers of similar
buildings.
421. Before passing from this subject, we desire to call attention to the fact that, under section 35
of the Landholders Act, 1911, every proprietor is left free to equip new holdings if he so desires, which
will be let in the ordinary way, and will apparently not fall under the jurisdiction of the Land Court —
at least during the fij'st tenancy. As regards housing, the ordinary law will accordingly apply to all
such new holdings ; and if the dwellings are properly constructed at the outset no special difficulties
need be anticipated for many years. If, however, an attempt should be made in the future to bring
such new holdings equipped by the landlord "within the scope of the Act, either by extending statutory
small tenancy to tenants who came into occupation after April 1912, or by giving them the right to be
registered as landholders, we would urge the same point as in the last paragraph, viz. that the house,
when it has been provided by the landlord, should be valued at a moderate percentage on the cost in
arriving at the total rent of the holding.
(C) Encouragement of Expenditure by Landowners on other Holdings.
422. If the measures just outlined are taken, we hold that the problem of housing on the holding
of under £50 rent will be solved in time, although it can only be done gradually and as the result of
steady effort. If the State assumes the responsibility for financing the buildings of the landholder on
the one hand, and guarantees a minimum return, even if it is only 3-| or 4 per cent., to proprietors who
have erected suitable houses on small tenants' holdings on the other, the present financial impasse will
not prove permanent. But there still remains the case of the farm above the Hmit specified in the Land
Acts, but below the point at which the rent provides a return on the land as well as on the buildings.
Mr Milne Home gave it as his opinion that, where the rent is under £80, it does no more than provide
a moderate rate of interest on buildings and equipment (Paragraph 402, above) ; but we consider that
this figure is probably rather below than above the truth, at least in certain districts. We are even
disposed to think that the same holds true of farms rented up to £150. Below that line, if the cost of
three cot-houses is taken at £600, of the farmhouse at £450, and of the steading at £1000 (1913 prices
in each case), the total expenditure on buildings will amount to fully 7| per cent, of the rental. If the
provision of roads and fences be taken into account, and also annual expenditure on upkeep, management,
rates, and taxes, etc., it will be seen that little or nothing is left as rent for the land.
423. Towards this hmit, it is probable that what we have already said regarding the equipment
of farms on ordinary economic Unes will apply, especially if the prospects of agriculture improve in the
period following the war. But it is equally clear that special measures may be required in the case of
certain farms which are below the rental which provides a normal return on the equipment required.
These farms are undoubtedly of great importance from the national standpoint ; for, even if the number
of smallholders should largely increase after the war, it will be necessary to have a certain proportion
of larger holdings, to the occupation of which the enterprising and successful smallholder may ^pire,
or which will serve " as ladder farms," linking up those which fall under the Land Acts with the large
farms which will more and more tend to be run on scientific hues with a large amount of capital invested.
438 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
424. In the maintenance of such farms of intermediate size, with the periodical capital expenditure
on the improvement of buildings and other equipment which this demands, we have one instance of
the demand of a national interest which may not necessarily coincide with the financial interest of a
particular estate. Nor will it necessarily coincide even with the demand for the maximum possible
food production. Both of these might be met by the massing together of agricultural effort on a few
extensive and highly organised holdings, each with a large staff of paid employees who might have little
prospect of eventually winning an independent sta-nding. But the existence of the small independent
farmer, as of the crofter, is undoubtedly a national asset of great actual importance ; and if in the future
it is increasingly rendered possible for the class of small farmers to be recruited from the ranks of the
more enterprising farm-servants, that will in itself form a valuable inducement to return to the land.
Thus the effort to secure a steady supply of small or medium-sized farms, equipped with good dwellings,
rests on the same basis of a definite national interest as the provision of additional cottages for married
men in the place of bothies. In this case also we recommend the provision of loans on the most
advantageous terms mentioned in Chapter VI.
425. To these cases we are prepared to add that of an estate on which several holdings of under
£50 rental require new buildings at the same time, and the tenants do not desire to be registered as land-
holders and to become responsible for the buildings on their holdings. In such cases, it would appear
advisable to provide for the advance of a capital sum to the estate — if the proprietor or trustees so desired
— to enable the improvements to be carried out as a single scheme. In all these cases the Authority
for the apportionment of loans would be guided by reports from the Board of Agriculture. In the past
the Board has had the duty of reporting on applications for loans from the two statutory companies,
the Scottish Drainage and Improvements Company and the Land Improvements Company, which advance
money under the Improvements of Lands Acts, 1864 and 1899. These Companies have made advances
for farm-houses and cottages, as well as for other estate improvements ; although, owing to the general
reluctance to pile up fixed charges and other causes, their operations have for some years been very
restricted. (Only five applications for loans for farm cottages were current in 1912-1913 — Conacher,
43,464 (9) ; H. Macdonald, 43,642 ; C. Ritchie, 44,211, 44,242.) The procedure in these cases has been
for the Inspector of the Board of Agriculture (which has laid down a minimum standard of cottage
for which loans are obtainable) to report on the plans before the application was approved and the Order
issued, and to inspect the buildings during construction or on completion. (Ritchie, 44,220.)
426. A similar procedure would naturally be followed in the case of special loans advanced during
the reconstruction period ; since it is obvious that the Board of Agriculture must in this connection
take the place of the Local Government Board. The former Board is the only Government Department
competent to judge whether a clear case has been made out in any special instance, from the national
point of view, for the advance of a cheap loan to allow —
(a) Of the equipment of farms of medium size to serve as " ladder farms " ;
(6) Of the provision of married men's cottages, beyond the proportion recognised in the district,
to replace bothies ;
(c) Of the improvement by the proprietor of the houses on a group of holdings occupied by tenants,
whether recognised as " statutory " or not, whose holdings are under 50 acres or £50 rental,
and whose houses have beeji provided by the landlord.
In these cases we recommend that loans should be given on the most favourable possible terms ;
but in other cases, particularly the improvement of cot-houses on the larger farms, we hold that encourage-
ment should rather be given to proprietors to advance the required capital by increasing the sense of
security, and removing exceptional burdens.
Recommendations. '
(1) Landholders. — We recommend that the annual grant to the Board of Agriculture should be on
such conditions as to ensure their giving adequate assistance, in the form of loans at low rates, to all
existing crofters and landholders whose houses stand in need of improvement.
(2) In order to prevent the extinction of existing crofts we consider that it is no less essential that
sufficient sums should be laid out in improving the dwellings on existing holdings than on the formation
and equipment of new holdings, and we recommend that the former duty should be taken up as vigorously
as the latter by the Board of Agriculture. (Paragraphs 413-6.)
(3) Statutory Small Tenants. — We recommend that in the case of statutory small tenants, proprietors
should be encouraged to improve the dwellings on these holdings ; and that this be done by taking full
account of unexhausted expenditure incurred in the improvement of such dwelhngs, and by^ fixing a
rent for such dwellings before the land and steadings are valued. (Paragraph 419.)
(4) We recommend that loans on the terms laid down in Chapter VI. should be granted to landowners
on the recommendation of the Board of Agriculture for —
(a) The equipment of farms of medium size to serve as " ladder farms."
(b) The provision of cottages for married men beyond the proportion recognised in the district to
replace bothies.
(c) The improvement by the proprietor of the houses on a group of holdings occupied by tenants,
whether statutory or not, whose holdings are under 50 acres or £50 rental, or whose houses
have been provided by the landlord. (Paragraph 426.)
REPORT. 439
CHAPTER IX.
HOUSING POLICY IN THE OUTER HEBRIDES AND SKYE.
Note. — We have been unable to avoid in this chapter ' restating certain facts and opinions dealt
with by the Majority in Chapter XVIII. of their Report ; but the reason for this repetition is that we had
not the opportunity, after their Chapter was circulated in draft, to recast our material to the extent
that might have been desirable had time permitted. {Cf. Paragraph-!, above.)
Introductory.
427. It is made clear by the Majority in their account of the housing conditions in the crofting areas
of Scotland, that there is a considerable range of variations within these districts. In some districts
(e.g. Orkney and portions of the north and west of Scotland) the housing on crofts and small holdings
has been to a very large extent renewed and improved during the last thirty or forty years ; but in others
progress has been arrested, and the majority of the houses remain in the primitive and insanitary con-
dition of earlier times. We consider that the clearest line of division is that between the Outer Hebrides
and the crofting districts on the mainland and in the other islands. There are, it is true, portions of
the mainland and of Shetland where housing is still in a very backward state, while in North Uist and
certain townships in other islands in the Outer Hebrides notable advances have been made ; but in the
main we think it is necessary to establish this division. It is justified not merely by the general backward-
ness of the housing in the Outer Islands, but also because in the latter the townships are vastly more
congested than elsewhere, the " squatter " problem is more acute, and the difficulties caused by com-
plicated grazing rights and other local customs give the whole housing question a distinctive character.
On the whole we are disposed to think that Skye should, for purposes of housing admmistration, be included
in the Outer Hebrides.
(A) General View of Housing Conditions.
428. It may be well briefly to nm over the chief defects in the housing conditions in the congested
areas. There is firstly the prevalence of the " black l\puse " with its enormously thick double walls
of undressed stone, kept in a state of perpetual dampness by the drip from the thatch, and readily harbour-
ing in its many cracks and crevices the germs of tuberculosis and other infectious diseases. There are
the serious deficiencies of lighting, ventilation, etc. ; in the worst type of houses there is the presence
of cattle, entering by the same door as the inhabitants, and there is the not infrequent absence of any
proper division between the end of the building used as a byre and that used for human habitation.
There is also the lack of drainage and all the accompanying sanitary defects.
429. In addition to the defects of the houses themselves, we must point out the extraordinary method,
or want of method, on which they are placed. This is due to two causes. First, there is the clause in
the Crofters' Act of 1886 (section 1 (4)) forbidding the erection of more than one dwelling on a croft, which
has been circumvented by the building of one house on to another, until there may be three or four clinging
together. There is also the fact that the crofter frequently prefers to keep the best portion of the land for
his crops and is willing to put his house in some damp hollow ; while in very many cases he may be pre-
vented from building on a healthy site, even although it is close at hand, by the impossibility of per-
suading all the crofters in the township to agree to a few yards being taken off the common grazing. In
this way the " squatter," who does not wait to obtain such permission, usually has a better site for his
house than the legitimate crofter. (W. Mackenzie, 6672 ; Murray, 10,296 (11, 41), 10,300 ; R. Macdonald,
11,205 ; V. Ross, 11,302, etc.) Taking these two factors together — ^the lack of sanitary arrangements
and the congestion of houses on sites with poor natural drainage and no artificial drainage, which have
been occupied for generations — it is easy to see that the floors of the dwellings and the surrounding soil
must be saturated with filth, affording a good breeding ground for disease. (M'Elfrish, 9467 ff.)
Factors in the Improvement of Housing.
430. This brief recapitulation will serve to show how the housing question in its various aspects
is bound up with the customs of the people, as these have been partly confirmed and partly modified by
the land legislation of the last thirty-one years. But, even if we acknowledge the effect of these and
other customs and beliefs — such as the impression that cattle-housing and the gathering of soot from
the domestic fire in the thatch of the roof, which later forms the top dressing for the potato crop, are
necessary for agriculture — we may perhaps have found a general explanation of the continuance of these
conditions into the twentieth century, but certainly not a justification. The question thus arises, through
whose failure progress has been arrested in the more backward districts. Perhaps we can best answer
this when we have first considered the sources of the improvement which has actually taken place. In
Orkney all the cattle-housing has disappeared, and the newer dwellings, although they may still have
serious defects in respect of drainage and ventilation, are a great improvement on the old type of thatched
dwelling. This improvement appears to have been brought about by a steady effort on the part of the
smallholders themselves, assisted in many cases by loans or grants of material from the proprietor. (D.
J. Robertson, 11,512 (12, 16) 11,536 ; Heddle, 11,624 (6).) In North Uist the worst type of house has
disappeared, although general sanitation remains xmsatisfactory. Here the crofts are larger than in most
parts of the Outer Hebrides, and in some cases some assistance was given by proprietors ; but we were
also informed that many of the crofters who joined the Lovat Scouts on their formation, and received
an allowance of £14 for the yearly training and the horses which they took with them, were thus enabled
440 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
to make a start in erecting improved houses. (J. A. E. Macdonald, 9397 ; M'Elfrish, 9422 f.) In North
Harris considerable assistance has been given by the proprietor. (M. M'Leod, 10,077 ; Mackenzie,
10,181, 10,215.)
431. These causes of improvement are confined to certain districts, but there are three others of a
more general character referred to in the evidence from several of the islands, (a) The first is the
security of tenure and the right to compensation for improvements secured to the crofter by the Act
of 1886. (D. A. Macdonald, 9084 (14) ; Anderson, 10,700 (10) ; D. J. Robertson, 11,612.) (6) There is
the spread of education and the force of example ; and (c) there is the contribution of the crofter to the
building of his own house, and the help sent by children who have gone to the cities or crossed the
Atlantic, and who are anxious to help those left behind to attain conditions of greater comfort. (See
Majority Eeport, Paragraphs 1395 f. ; Father Macdougall, 8453 ; D. J. Nicholson, 8638 ; D. A. Mac-
donald, 9121 ; N. Macphail, 9219 ; J. A. R. Macdonald, 9397 ; M'Elfrish, 9426 ; N. M'Leod, 9594 ;
Mrs Bums, 10,547 ; R. Macdonald, 11,162 ; Sir K. Mackenzie, 27,825.)
Responsibility for Slowness of Improvement.
432. We do not wish for a moment to underestimate the importance of the advance so brought
about. Even in Lewis, where the problem is most acute and progress is exceptionally slow, it is claimed
that 1200 new houses have been built in about twenty-five years. (Anderson, 10,700 (10).) But this
rate of progress is clearly far too slow, since it will take another century before the " black houses "
disappear from Lewis unless the erection of new houses is more vigorously pressed forward (Murray,
10,400) ; and the sources of improvement have so far been voluntary and sporadic rather than general
and organised. Some Local Authorities have, it is true, taken action, more or less vigorous, in sup-
pressing cattle-housing or providing pumps and protecting wells. The Congested Districts Board during
the twenty-five years of its work provided various public improvements of varying utility at considerable
expense, and carried out certain schemes of land settlement. We do not feel it necessary to describe
these in detail — ^though we may in passing point out that two of the most insanitary townships in Skye
are to be found on the estate which the Board of Agriculture has taken over from the Congested Districts
Board (Fletcher, 8236 (38)) — but we desire very definitely to call attention to the absence of any sustained
attempt to grapple with the housing problem in the Outer Islands as a whole, or even to estimate its exact
extent.
433. There is, however, another aspect of the case. The action of Local Authorities in the congested
areas, if at times it has been ineffective, has at least raised no false hopes among the crofters, since it
was well known that these bodies had no surplus funds. But successive visits by Secretaries of State,
departmental oificials, commissions such as our own, and the issue of reports such as that prepared by
Dr Dittmar of the Local Government Board, have all tended to raise expectations which have not been
fulfilled. On our arrival in Lewis, we were told by the Medical Officer of Health for the island that our
visit would simply evoke the comment " Another Commission ! " Owing to the innate courtesy of the
Highlander, and still more to the difficulties of language, we did not actually hear this comment passed,
but we have no doubt that the Medical Officer was right. His judgment was that these various and
transitory visitations have made many of the people " sit at the door of the universe for a long time."
Or, in the alternative metaphor used by the late Sanitary Inspector for Inverness-shire, who had long
experience of the islands, "They are lying on their backs waiting for you to feed them now." (Wedder-
spoon, 6421 ; MuiTay, 10,495 f. Cf. J. Stewart, 8417.) The witnesses with most administrative experi-
ence in these districts were practically unanimous in urgmg that financial assistance should only be given
in response to definite evidence that the crofters were willing to make an effort on their side — otherwise
the man who has done nothing to help himself in the past will benefit at the expense of his neighbour, who
may have improved his house at considerable personal sacrifice. (R. Macdonald (Portree), 8140 (40) ;
8169 ; Fletcher, 8317, 8340 ; M. M'Leod, 10,072 ff. ; Anderson, 10,823.) But we feel that the other side
of the question is even more important, and that the many delays and false starts before the war make it
all the more essential that action should be promptly and decidedly taken after the war, so that the
necessary improvement may be carried through within a reasonable limit of time.*
Need for a completely New Policy.
434. The rapid survey which we have just given .shows clearly that there is no hope of a satisfactory
solution of this urgent problem imless there is a definite break with the past, and unless new and more
expeditious and comprehensive methods are devised. In stating our views as to what the.se methods
should be, we may be forced to travel somewhat beyond the strict limits of our remit ; but our justification
for doing so is to be found in the fact — already sufficiently emphasised — that questions of tenure, crofting
methods, and grazing rights are inextricably boimd up with the existing state of housing. The con-
gested state and unsviitable sites of many of the crofter townships make it impossible to deal with individual
houses imtil the township has been treated as a whole. This wider treatment includes migration (local
and otherwise), also land or employment for the local migrants, the selection of sites, including arrange-
ments with landowners and common grazing owners, for those who remain in the township, — in fact,
land settlement work of the most intricate kind. ^Jilven the case of the housing of the crofter living at a
distance from the suiTounding crofters is often complicated by cottars sharing the croft, by squatters
with partly recognised " souming " rights, and by difficulties regarding water, the solution of which may be
* The Board of Agriculture in 2J years.up to 31st December 1914 had only advanced £2165 in loans to sixty-three
crofters in the island of Lewis. (Conaoher, 43,476, 43,582.) It is at once apparent that this represented only a very
tentative beginning in the effort to foster the improvement of housing, since there are at least 6000 defective houses in
the Outer Islands, of which many are in Lewis. The Board, however, have been handicapped owing to the fact that
they could only consider the applications for loans coming from those whose tenure as independent crofters was un-
doubted. The question of the cottar and squatter, which at present blocks the way of any comprehensive advance, is
dealt with below. (Paragraphs 435, 454-6.) (Conaoher, 43,513 ff.)
t
REPORT. 441
held up by a single individual in a widely distributed crofting community. {Gf. Anderson, 10,700 (12).)
These and other reasons brought out in the survey already given show that the housing question in
the Outer Islands is indissolubly connected with the land question, the economic question, including
rates, employment, cottar and squatter tenure ; and on this account they must be dealt with together or
not at all.
Cottar and Squatter Question.
435. In the majority of cases cottars are related to the owner of the croft ; have sheep on the common
grazing, and occupy sometimes one-third, sometimes more, of the agricultural land. Especially in Lewis
they have built their houses, sometimes to the number of five on a single croft, close up to the original
crofter's dwelling in the way already described. Paradoxical as it may appear from the very fact that
the cottar has usually less land than the crofter, and therefore has to find employment outside the croft,
he is often in a financially stronger position than the crofter, and therefore more able to build a house
himself were he entitled to do so. That he does not do so is because his position is doubly precarious,
depending, as it does, on the landlord's pleasure and the crofter's goodwill — the latter being in most cases
by far the more important factor.
436. The case of the squatter, squatting down on the common grazing, generally with consent, but
sometimes in defiance of the crofter township,* is also a subject for separate treatment in any housing
scheme. The squatter more often than the cottar is a man of means ; either the local merchant ; the
owner of a considerable portion of the grazing stock ; a fisherman with good wages ; or, less frequently,
the cultivator of several acres of new and therefore unexhausted arable land reclaimed from the " skinned
lands."
437. The position of the squatter is somewhat different from the cottar. The cottar is practically
invariably a smallholder in fact if not in name, and if recognised as such would automatically be rated
not on his house, but on his holding. (Cottar Tenure, 1886 Act). The squatter, on the other hand, usually
has a house only, with a garden reclaimed from the common grazing, tied down from further extension
by the jealousy of the crofter township on whose land he has settled. The squatter is therefore pre-
vented from building a suitable house, not on account of any rent or feu-duty which might be put upon
him, but of what he is much more afraid of — being rated as owner and occupier of a dwelling-house.
Cottars and Squatters — TTie Main Obstacle in the Way of Housing Reform.
438. These two classes are alike in so far as they escape all public burdens, paying neither rent,
rates, nor taxes ; and they do not even pay a school rate, although their children are educated along with
the children of crofters and others in the public schools. They add to the congestion of already con-
gested crofter townships, increase the rates of a " rack-rated " population, and, through the badness
of their houses, form one of the standing obstacles to reform and progress. We were specially struck by
the fact that, while witnesses produced many different schemes for dealing with the housing question
in the Outer Islands, all agreed on one point, viz. that imtil the squatter and cottar question was faced
no progress was possible.
(B) Recommendations for New Housing Policy.
439. We have already spoken of the necessity for a clearly marked fresh start in deahng with this
whole problem, and in this connection there are three matters to which we attach special importance.
(1) A separate Board.
(2) A separate grant-in-aid.
(3) A clearly defined period of effort, during which the grant should be available and operations
must be carried out.
(1) Case for Local Board with S fecial Responsibility for Housing.
440. Of these three points the first, regarding the establishment of a special Board to deal with
housing and related questions in the Outer Islands and Skye, is probably the most debatable, and yet is in
our view not the least essential. We would sum up the case for such a Board under the following heads : — ■
(a) The West Coast Highlander has strongly marked characteristics. He is easy to lead but
impossible to drive. (A. Macdonald, 9568 ; Ranald Macdonal^, 11,164.) He is a believer in the
vis inerticB and, as has already been suggested, a ready recipient of doles. Yet he can also prove
himseff a hard worker when he has obtained work which he understands. He is intelligent and
imaginative, easily spurred to successful effort when the leading is kindly and the objective clear.
But all these characteristics make it necessary that the crofters of the Outer Islands should be dealt
with by a body whose local knowledge they appreciate and whose firmness they respect, — a body which
can make it clear that the old days of the toleration of arrears in the repayment of loans, of hastily
considered and non-productive schemes, and of " spoon-feeding " are definitely past.
(6) The intricacy of the decisions involved arising from the comphcated and, in certain cases,
illegal tenure of many of the householders ; the suspicious nature of the inhabitants and unyielding
attitude in regard to the provision of sites ; the number of individuals interested in land taken from
the common grazing — all make personal attention on the spot an essential for success.
(c) The enforcement of building byelaws and sanitary regulations must form a portion of
housing reform. It is difficult to see how the necessary pressure can be brought to bear on islands
long accustomed to neglect of sanitary regulations unless the Local Board can enforce observance
of these regulations by the suspension of its local loans when they are disregarded.
(d) The importance of such decided administration, backed up by adequate knowledge of local
custom, is especially clear in regard to squatting. It is essential that whatever measures are taken to
♦ M'lver, 11,339 fE.
442 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
legalise the tenure of certain of the cottar and squatter settlers, shall not be allowed to open the door
to further abuse. The danger of this appears specially in the evidence from Barra and from portions
of Lewis as to the great difficulty of preventing squatting. If the intending squatter is prevented
from erecting a new house, he may even inhabit a disused bam. (Wedderspoon, 6254 (41).) But
often the estate does not hear of the erection of the house until it is already inhabited. (J. Mac-
donald, 7884.) Quite recently in Barra, when a number of cottars were removed to Vatersay at the
instance of the Congested Districts Board, " they began selling their old houses to other cottars,"
and defied both the Board and the factor of Lady Gordon Cathcart's estate when an attempt was
made to prevent this. (Ibid., 7925.) Any new administrative body must be strong enough to deal
with incidents of this kind ; or the policy which we advocate may prove only to be of the nature of
a plaster, causing the sore to break out in a new place.
(e) Another important element in the case is the necessity of obtaining reUable information
at first hand and of sifting evidence on the spot. Eapid investigations by commissioners or officials
from a distance, ignorant of Gaehc, and largely unfamiliar with local customs, is no substitute for
this, and indeed is a source of great danger. It is probably not an over-statement to say that the
money wasted on non -reproductive expenditure (e.g. the famous Petersport Pier, the only pier known
to science with access neither by land nor sea ; the houses at Aignish, " badly built by a man who had
' never built a house before " ; the Ness Harbour, which was rapidly silted up after £26,000 had
been spent on it) would have been sufficient to have started housing reform in many crofter town-
ships. (Murray, 10,449 f. ; Anderson, 10,867 fE. ; Provost Mackenzie, 11,468.)
(/) Finally, we would call attention to the difficulty of access to the Outer Islands and to the still
greater difficulty of intercommunication between the islands. In certain areas members of District
Committees require five days to travel to and from and attend a meeting. But in the work which
we have in view immediate and authoritative decisions must be made on the spot. Thus we hold
that devolution must be carried as far as possible, as a constant reference to headquarters and
elaborate correspondence with Edinburgh on every minor administrative point would be absolutely
fatal to the efficiency of any housing scheme. It is true that the Medical Officer of Health for the
island of Lewis gave it as his opinion that the connection with the mainland was on the whole a help
in the administration of the island : since where there are varying conditions within one county
"it helps the bottom dog." (Murray, 10,488.) But the chief difficulty in Dr Murray's mind
appeared to be the financial one— the excessively low assessable rental in the Outer Islands. This,
however, would be met by our next proposal, and we thus consider that in the interests of prompt
and vigorous administration the separation of the islands from the mainland for this particular
purpose is fully justified.
441. Our suggestion is that the proposed new Board for the Outer Islands should be a separate
Department of the Board of Agriculture. Indeed, there appears to us to be no other possible course,
as the Board of Agriculture is already charged with the whole duty of carrying out schemes for land
settlement, and has important responsibilities for housing in crofting areas. We have shown that the
former work is an essential preliminary to any progress in housing, since at present the problem of the
existence of large numbers of unauthorised houses belonging to cottars and squatters blocks the way,
especially in Lewis, South Uist, and Barra. At the date at which we last took evidence from the Board
of Agriculture (July 1915), the Board had under consideration the creation of 634 new holdings in the
island portions of Ross-shire and Inverness-shire — 295 of these being in Skye, and the remainder in the
Outer Islands ; and their policy was to find room in new holdings in Skye for 180 migrants from Lewis
and Harris. Only 5 to 10 per cent, of these new holdings will be sufficient in themselves for the support
of a family ; hence it appears necessary that migration should be to districts net too dissimilar from those
previously occupied by the migrants, so that they may continue to engage in fishing or other occupations.
(Conacher, 43,464 (4 f.), 43,523 fi., 43,628 ; cf. A. Ross, 9977 f.) "We mention these facts at this point
for the purpose of showing how clearly the work which we proceed to map out in the following paragraphs
lies to the hand of the Board of Agriculture ; and they also support our contention that Sl^e should be
included with the Outer Islands for the purposes of this scheme.
442. It seems needful at this point to express our opinion as to the recommendations of the Majority
regarding the administrative machinery for the reform of housing in the Outer Islands. In criticising
these recommendations we do not underestimate the degree to which the Majority and we ourselves
occupy common ground. In our view the one vital matter is that there should be a definite break with
the past, and that a body should be set up with adequate funds and powers to carry out the task of re-
housing the more backward portions of the islands within a definite term of years, and so removing a
state of things which is undoubtedly a disgrace to the civihsation of our country. We do not think this
term is at all too strong to apply to a form of dwelling in which cattle and families enter by the same door,
and, in the worst cases, are not even divided by any adequate partition, with the entire lack of sanitation
and hygiene which inevitably follows. So long as a new beginning is made in a resolute effort to end a
condition which has only been touched on the surface so far, it is of minor importance how the executive
body entrusted with this urgent task is constituted.
443. Yet we cannot avoid pointing out that the suggestion of the Majority that the special Authority
should be a joint-committee of the Board of Agriculture and the Local Government Board is open to the
grave disadvantages which attach to dual responsibility and divided control, as well as to distance from
the scene of action ; for the area assigned by the Majority to their proposed joint-committee is very
much larger than that which we suggest for an Outer Islands Board. Neither the Congested Districts
Board nor the Board of Agriculture has been distinguished by promptitude in decision or action where
the Outer Islands are concerned ; and if the latter had to consult the Local Government Board at every
turn, there would be no hope of rapid progress. As an instance of the working out of this principle, we
note that loans for housing are assigned by our colleagues to the sphere of the Board of Agriculture, and
those for water-supplies to that of the Local Government Board. (Majority Recommendations (9) and (10).)
This entirely disregards the fact that the Board of Agriculture has already carried out water schemes
successfully in certain new settlements at Vatersay and elsewhere. (Paragraph 448 below.) But a much
REPORT. 443
more important consideration is that the position of the joint-committee under this dual regime would
hardly be a happy one ; nor is it clear that they would be stationed in the islands, or that they would
have sufficient executive powers. We thus foresee an interminable vista of official correspondence,
not tending to rapid or effective action.
444. In defence of our alternative proposal, we may point out that, so far from disregarding the
views of the people, or minimising the assistance which they can give, we lay great stress on the importance
of enlisting the whole-hearted support of the township. . (See Paragraph 457 below.) It is also essential
to reaUse that the system of local self-government has for the time being broken down in Lewis, and to a
less extent in others of the Outer Islands, owing to the excessive biirden of rates, and to the fact that the
vast majority of the islanders either pay no rates at all (cottars and squatters), or pay only on three-eighths
of the agi-icultural rental of their crofts, and not at all on the rental of their houses. Thus we consider'
that the expensive and urgent duty of carrying out a detailed survey of the houses of the Outer Islands
(involving questions of common grazings, etc.) cannot be laid on the first instance in Local Authorities
working under their present Umitations. We regard it as of first-rate importance that there should be
a special period both of local effort and of State assistance and control, during which the islands would
obtain at least the groundwork of sanitation and solvency. Thereafter local government would go
forward freed from a large part of the burden of excessive rates which at present vetoes all communal
effort. (We return to this point in Paragraphs 459 f. below.)'
445. If a Department of the Board of Agriculture is setup for this purpose, it clearly must be provided
with ample powers. Decentralisation should be carried to the furthest possible point, and estimates,
schemes, and plans of houses passed at quarterly or half-yearly meetings should be dealt with without
further reference to Edinburgh. We also consider that appointments to the Board should be for a term
of years, and that the proposed appointments should be made public by the Government before the
necessary legislation has passed through its final stages in the House of Commons, since the personnel
of the Board is a matter of primary importance.
(2) Outer Islands Grant.
446. We suggest that the scheme should be financed by giving the proposed Board borrowing powers
for a named capital sum, to cover advances which will afterwards be repaid ; but that they should also
have a yearly grant for a period of, say, ten years. Under the first heading assistance will probably have
to be given for the erection of from 4000 to 6000 houses, and this will amount to sums varying from
£25 to £60 per house. We indicate the principles on which we hold that these loans should be adminis-
tered in Paragraphs 453, 457, 458 below.
447. But the capital grant is not less important, since measures to deal with all the factors which
stand in the way of progress at present are dependent on it, such as the costs of local migration, the
provision of sufficient water schemes, and the adequate drainage of sites selected for new townships,
or for the extension of existing townships ; and probably also measures for the development of the fishing
industry, such as loans for boats and gear. We place very great stress on adequate and prompt assistance
for the construction of roads to many of the smaller townships which at present have no proper means
of access, and for the improvement of water-supply. Throughout the northern portion of Skye, and, we
believe, in certain districts in the Outer Islands, the absence of a proper road is one of the most immediately
pressing difficulties in the situation. (D. A. Macdonald, 9141 ff.) Even on the mainland the removal
of houses from congested and unsatisfactory to open and sanitary sites may easily be prevented, because
no one is responsible for the provision of a road.
448. As regards water-supply, we agree with the Majority as to the need for improvement and as to
the difficulties in the way. (Majority Report, Paragraphs 1441, 1444.) The most successful attempt
to deal with the water question, however, is that carried out some years ago by the Congested Districts
Board in the island of Vatersay, where regular tanks have been made ranging from 141 to 1066 gallons
capacity. The sources, are protected, and in some cases the water is filtered before entering the supply
tank. The Medical Inspector of the Local Government Board, after describing the scheme fully, gave
his general opinion as follows : " The arrangements for supplying pure water to the crofting settlements
' of Vatersay may, indeed, be described as exceptionally good. They form an example which it would
' be weU to follow in crofting townships generally." (Dittmar, 340 (65).) The extension of a system of
water-supply such as that in Vatersay would be one of the first objects of the grant-in-aid, and one of
the first duities confronting the new authority which we propose.
(3) Need for a clearly defined Period of Effort. ^
449. The general grounds on which we hold that a definite time should be named within which these
improvements must be carried out have been made clear already ; but we shall now indicate in more
detail the procedure to be adopted during that period. It falls into four stages or phases, although the
later phases may to some extent overlap.
First Phase — Flying Survey.
450. A " flying survey " of all the islands embraced in the scheme must first be made, so as to deter-
mine on broad fines the approximate number of families which can be wisely settled on the available
lands in each island. To a considerable extent this work has already been done by the Board of Agriculture
(see reference to Mr Conacher's evidence, Paragraph 441, above) ; but in view of the recommendation
which we make below, that the township should be treated as the administrative unit, and of the fact
that certain cottars and squatters may be recognised and given security of tenure, the information at
present in the possession of the Board will presumably require to be supplemented in certain directions.
This preUminary survey must also take full account of the possibilities of local migration, and of the
development of fishing or other industries. In the promotion of local industry, the Board may find itself
able to do for certain of the other islands what has been done in North Harris by the proprietor.
444 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Second Phase — Detailed Survey.
451. A further survey will then need to be made of each township in detail. This would include :
(a) A town-planning scheme dealing with sites, water, access, etc.
(b) Provisional decisions on the amount of money available for each township. The number
of houses per annum which it will be possible to treat per township.
(c) Decisions as to the approximate number of cottars who are to be recognised as cottar holders
under the 1886 Act. It will probably be in the Government's interest if cottars' rights are changed
to smallholders' tenure, the Government being responsible for repayment of improvements in the
case of the cottar resigning his holding.
(a!) Decisions as to the approximate number of squatters who are to be settled either as feuars
or as crofters (preferably smallholders).
(e) Inquiry as to the numbers and names of cottar and squatter families who are prepared, and
who in the Board's opinion are suitable for migration, either locally to fishing townships, undivided
feus, and " skinned land," or to Skye or the mainland.
(/) The earmarking of loans for boats and gear for those locally migrated.
4
Third Phase — Selection of Townships and Submission of Schemes.
452. When the first or flying survey has been carried through, and the detailed survey is sufficiently
advanced, it will be possible to proceed to the third phase. This is the selection of townships which,
judged by the urgency of the need for improved housing, and by the facilities existing for the neces.sary
migration, should be the first centres of operations. Other factors which will naturally influence the
Board in determining which townships are to receive the first advances are,
(a) Readiness of the inhabitants to co-operate in building schemes ; and,
(6) The extent to which arrangements have been made with the Local Authority and the pro-
prietor or proprietors concerned for the provision of roads and water schemes.
Fourth Phase — Administration of Loans.
453. When the townships have been chosen in which a start is to be made, it then becomes possible
to select the individual crofters who are to be rehoused in the first year, to complete the arrangements
for sites and the assessment of compensation due to the township for loss of common grazing. At the
same time it will be necessary to arrange for the supply of building materials in bulk to the townships
in question. This is a point of great importance, as both in Skye and the Outer Islands our attention was
called to the difficulties caused by the veiy high freights customary on the West Coast of Scotland, which
at more than one point run up to 30s. per ton from Glasgow. (Macnab, 8367a (16) ; Father Macdougall,
8487 ; Macinnes, 8887 ; D. A. Macdonald, 9167.) The purchase of materials will presumably have been
carried out at an earlier stage, so as to make it possible for the Board, when the time for actual building
approaches, promptly to provide slates, timber, etc., in boat-loads at convenient points.
Settlement op Cottabs and Squatters.
454. There remain, however, three or four questions which must be kept in view through the various
stages of the procedure just indicated. From the first flying survey to the time at which houses come to
be actually built, the question of cottars and squatters is of the greatest importance, especially in Lewis,
South Uist, and Barra. The choice of settlers for the mainland will naturally be made from these classes
rather than from the regular crofters ; but even when the possibilities in this direction have been ex-
hausted, only a fraction of these famihes will have been provided for. In Lewis alone some 1200 to 1400
will remain. A certain number can be provided for by the breaking up of sheep farms — ^a matter which
the Board of Agriculture already have in hand. It was strongly represented to us by more than one
witness in Lewis that others could be settled on " skinned lands," i.e. lands from which the peat has been
removed, and which in some cases are capable of reclamation. (Anderson, 10,811 ff., 10,849 if. ; Maciver,
11,341, 11,378 ; cf. Provost Mackenzie, 11,459.) But the general impression which we received in Lewis,
and which has been confirmed by a Report obtained by the Board of Agriculture which they have kindly
allowed us to see, is that it is easy to overestimate the possibilities in the latter direction.
455. This question is one which lies on the very borders of our remit, and we do not wish to give too
definite an opinion on it ; but there are certain considerations regarding the treatment of cottars and
squatters which we desire to add : —
(a) Those whose main occupation is trade or employment other than agricultural {vide definition
of " landholder," 1911 Act, section 2 (ii.)) should be given a feu at a cheap rate and rated at a fixed
value not necessarily the assessable value of their houses.
(b) Those cottars who farm a portion of an existing croft, and whom the Board for some good
reason consider should not be migrated, should receive cottar tenure, paying rent to the landlord
direct and rates. The existing crofter's rent should be readjusted. In these two respects we agree
with the Majority (Paragraph 1472).
(c) Squatters on the common grazing who cultivate a few acres of skinned land, whom it is
thought advisable to confirm in their holdings will, if they have no other means of subsistence avail-
able, be allowed a certain area of extension of skinned land ; will be recognised as smallholders ;
rated as such ; pay a rent to the estate and compensation to the township for the grazing taken.
(d) When these measures have been taken, we may presume that the cottar and squatter problem
will have been reduced within manageable dimensions ; but a certain number will still remain who
have no definite and regular means of livelihood, and whose houses are unsatisfactory. These
REPORT. 445
can only be dealt with by degrees, as funds become available. If any skinned lands are still un-
occupied and are suitable for settlement, these may be utilised ; otherwise migration to new fishing
villages at suitable points, or to the mainland, seems to be the only course open, unless, as is not
improbable, emigration to Canada becomes more rapid after the war.
456. In all cases where local migrations are proposed, the new townships must be properly planned,
and the housing arrangements and arrangements for the supply of building materials and loans for boats,
etc., must be caniedout as indicated in Paragraphs 451 to 455, above. Further, we consider it important
that as far as possible groups of neighbouring townships should be kept together. Nor should famihes
be migrated, as was done at Uig (Mangursta scheme), before assistance can be given for rehousing.
(Murray, 10,296 (4), 10,424; Morrison, 11,024 ff.) All this work will naturally fit in with the other
efEoi-ts of the Board of Agriculture to promote local industries, to carry on agricultural education, and
to improve the breeding of local stock.
Importance of Dealing with the Township as a Unit.
457. We hold that success or failure will largely turn on the degree in which the sentiment and
interest of the township as a whole can be enlisted to stimulate the individual to whom building loans
are granted. The co-operation of the township must be secured at an early stage by the Board or its
representatives. The islands are large, the crofts are many. 6000 houses have to be dealt with. The
delay caused by individual crofters (though directly benefiting) has in the past been the means of wrecking
many schemes for progress. If, on the other hand, the interest of the township can be enlisted, this will
have the two great advantages of facilitating the acquisition of sites, especially sites on the common
grazing, and of immensely improving the security for the regular payment of instalments on loans. Thus
our recommendation is that loans should be granted to individuals in the selected townships, but should be
granted on the clear understanding that while the individual and not the community as a whole is respon-
sible for the repayment of loans, the fact that loans are not repaid in any township will pro tanto diminish
the amount available for further developments in that township in following years. This method has, we
understand, been tried and has proved successful on certahi estates in crofting areas ; and it obviously
gives the community as a whole an interest in punctual repayment of all instalments on earher loans
granted to its members. {CJ. Anderson, 10,823.)
Reasons in Favour of Short-term Loans.
458. We consider that the general rules governing loans should be : —
(a) That they should be made repayable over a short period.
(6) That ill the majority of c^-ses they should be free of interest.
(c) That loans for houses should only be given in instalments after the work agreed on has been
completed, and that the advances in each case should be strictly limited and based on the financial
abihty of the applicant.
Our reasons for advocating a short period of repayment— we would suggest ten to fifteen years as the
normal — ^are that the West Coast Highlander is ready to make great efEorts provided the goal is not too
distant ; but it is doubtful if he is wiUing to undertake an obligation extending over thirty, forty, or
fifty years, of which he himself will probably not see the termination, or reap the full advantage. Further,
we think it will be generally admitted that loans for the congested area in Scotland should be on not less
favourable terms than those given in Ireland — ^a position which can be supported by reference alike to
the poverty, the loyalty, and the value to the State of the inhabitants of the Outer Islands. But, if this
be done, it appears to us that a loan free of interest for ten or fifteen years is sounder finance than a
loan at two or three per cent, for a fifty years' period. The fact that the crofter collects the stone, pre-
pares the site, and does a large part of the actual work of construction himself, makes it possible to reduce
the advance to a figure which it is within his power to repay in a term such as that mentioned. {Cf.
Father Cameron, 7768 f. ; Macinnes, 8968 fi. ; A. Macdonald, 9578 fi. ; A. Ross, 9934 fE. ; Maciver,
11,347, etc.)
Relation of the proposed Board to Locai- Authorities.
459. We have pointed out the impoi-tance of enHsting as early as possible the interest of townships
in the proposed scheme ; but if the administrative work of the new Board is to be successful, it is also
of great importance that they should come to a thorough understanding both with the Local Authorities
'and with the various estates concerned. As regards the former, it is possible that the functions assigned
to the special Board may for the time cover certain of the normal activities of a Local Authority. But
these activities are largely brought to a standstill at the present moment by the extremely low rateable
value in the congested districts, which holds back the District Committees and other authorities from the
regular and efficient exercise of their statutory duties. Thus, even if they are called upon to accept
some division of responsibility during the period of ten or fifteen years, they will at the end of that time
have the great advantage of being placed in a position of comparative solvency, from which they can make
a new start in carrying out their statutory duties. Adequate water-supplies and roads will have been
provided in many districts where these are of the most primitive and haphazard nature at the present day ;
and the rateable value of the various districts will have been increased by the regularisation of the tenure
of certain cottars and squatters who at present are drawing upon the Poor and Education rates, as well
as obtaining the benefits from the County rates, to which they contribute nothing at all. Even if the
value placed upon their dwellings is the low one of £2, it will be sufficient to ease very materially the
financial position in the islands.
460. On these grounds we think that Local Authorities, which fully recognise the impasse to which
things have come in recent years, will readily accept such a scheme as we suggest {(f. Anderson, 10,816) ;
446 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
since it is clear that, if a large capital grant is to be given by the nation for developments and improve-
ments, its administration must be to a considerable extent national. It will be very necessary, however,
that a definite arrangement be come to at an early stage regarding the responsibility of Local Authorities
for the maintenance of improved roads and water-supplies provided during the reconstruction period.*
We are also inchned to think that the undoubted difficulties with which Local Authorities have in the past
been confronted might be diminished, and their reluctance to iindertake responsibihty for the permanent
upkeep of local roads and water-supphes might be correspondingly reduced, if the interest and pubUc
opinion of the various townships could be more effectively enhsted in the matter. In the past the crofters
have undoubtedly shown carelessness in this respect (M'Phail, 9246; Ranald Macdonald, 11,208 ff.) ;
but if the main provisions of the scheme which we have outlined are put into force, the experience during
the period of special effort will be of a most educative nature ; and we should hope that the co-operation
of the township in the care of roads and wells within their borders may thereafter be enlisted by Local
Authorities.
Co-operation with the Estates.
461. It is also important to enhst the support of the proprietors of the various islands, especially
in view of the fact that, under the Landholders' Acts, the proprietor is the t)nly person who has power to
resume land from the common grazings for public purposes. These purposes are defined in section 2
of the 1886 Act in a wide sense as being " for some reasonable purpose, having relation to the good of the
' holding, or of the estate, including the using, letting, or feuing the land proposed to be resumed, for the
* building of dwelhngs, or for small allotments." Further purposes named in this section and in section
19 of the 1911 Act include the building of schools, planting, the provision of roads, and the protection of
ancient monuments. But in all these matters neither the Local Authority nor the Board of .Agriculture
has a.iy power of initiative if the landlord is unwilling to move in the matter. {Gf. Conacber. 43,484 f.)
We agree with our colleagues that this should be given.
462. The only case in which any difficulty is to be anticipated in this direction is that of the island
of Lewis — which, of course, is the most important of all. Evidence on behalf of the Lewis estate was not
submitted to us by the proprietor or his representatives ; but we understand from other sources that,
while Colonel Matheson has in the past admitted the desirability of a general scheme of migration from
insanitary dwellings to healthier sites, yet he has not felt able to give full approval to such suggestions
for the attempt to deal on a large scale with the irregular tenure of cottars and squatters as we have made
— suggestions which form an integral part of our scheme. The most recent evidence which we received
from the Board of Agriculture showed, however, that the estate authorities were prepared to meet their
proposals regarding certain special townships. (C/. Anderson, 10,700 (4) with Conacher, 43,469, 43,494 ff.)
463. As regards the general position in Lewis, it is, however, matter of common knowledge that the
proprietor and his predecessors have spent great sums on the development of the island, and that almost
the whole of this expenditure has proved absolutely unproductive j as the excessive rates over a great
part of the island swallow up practically the whole income. But the level of the rates is due to the fact
that even the legitimate crofters pay only on the agricultural value of their crofts, and not on their dwell-
ings apart from the crofts, while the cottars and squatters pay no rates at all. Of the latter class, the
whole number have settled on the land in defiance of the law and of the ordinary rights of property ; and
of 1175 enumerated in 1910, 757 had begim their occupancy subsequent to the passing of the 1886 Act.
The estate has, therefore, been in the position of making good the great financial deficiency caused by the
fact that so large a portion of the population contribute nothing to administration expenses. (Report by
Crofters' Commission, 1912, Cd. 6788, Appendix EE.)
464. We are not prepared to make any definite recommendation regarding possible means of over-
coming these difficulties in Lewis, since the matter is a complex one and must be considered in other
bearings than its direct relation to housing. But we consider that, in view of the history of the Lewis
estate, and of the great burdens which have been thrown upon it by the growing population of cottars
and squatters, it would be inequitable to pass special legislation legahsing, without distinction, the position
of a large class who have established themselves upon the land in defiance of the law. As we have sug-
gested above, cases must be treated individually and with discrimination, and regular tenure should only
be granted where a reasonably clear case can be made out. Before this can be done, however, even in a
restricted number of cases, some arrangement must be reached with the proprietor and the bondholders
over the estate. This might take the form of the purchase of the island by the Government — a sug-
gestion on which we do not propose to offer an opinion, although it appears to us that public ownership
of congested districts in the islands has not so far proved a conspicuous success. The alternative appears
to us to be that the Government should come to an arrangement with the proprietor over the perinanent
rate charge which will be the cost of the settlement of the cottar and squatter question, a question for
which it is jointly responsible. The method of settlement is quite outside our reference. All that we '
are inierested in is that sites by purchase, legislation, or grant are made available ; without this, housing
reform in the Lewis is impossible.
Conclusion.
465. It is clear that room must be left for the Board which we suggest to vary its methods in con-
formity with the different positions in the vaiioua-islands. But we consider that such an Authority with
wide powers for a given period, and with sufficient financial backing, working on the lines that we have
suggested, could bring about a veritable revolution in the housing, and indirectly in the general con-
ditions of fife as affecting public health, in the Outer Islands and Skye.
* As an illustration of this point, we may refer, without pronouncing upon the merits of the case, to the fact that
at the township of Bomaskitaig, on the Board of Agriculture's estate in the north of Skye, where a new water-supply
has long been urgently necessarj', negotiations for its provision had at the date of our visit reached a deadlock, since the
Board of Agriculture were wilMng to provide the supply but insisted that the District Committee should maintain it,
and the District Committee did not see their way to undertake this obligation. (D. A. Macdonald, 9130 ff. ; A. Nicolson,
9295 ff.)
REPORT. 447
Recommendations to Chapter IX.
We agree with recommendations numbers (1) and (2) made by the Majority at the conclusion of their
Chapter (XVIII.) on Crofting ; provided it is understood that an adequate grant should be given for the
reform of housing in the Outer Islands, and that, while the law should be as strictly and promptly enforced
there as in other parts of the country, housing laws and byelaws must be adapted to the special con-
ditions to be dealt with, and must not be a mere reproduction of those appropriate to communities Hving
under widely different conditions.
We also agree with recommendations (3), (5), (6), (12), (13), (14) (which need not be confined to
Lewis), (16), (17), (18).
Our independent recommendations are as follows : —
(1) We consider that the problem of crofter housing in the Outer Hebrides is so urgent and has
such strongly marked features {e.g. the congestion of townships, the presence hi large numbers of cottars
and squatters ; and in the case of Lewis, the prevalent housing of cattle in human dweUings) that it
demands separate treatment, distinct from that suggested in Chapter VIII. for the other crofting
districts.
(2) We recommend that the reform of housing in these islands (to which we consider that Skye should
be added for geographical and other reasons) should be carried out by a separate department of the Board
of Agriculture, which might be known as the Outer Islands Board ; that the members should be resident
in the islands and should be appointed for a term of years, their names being made pubhc before the
passing of the necessary legislation ; and that the Board, after obtaining the approval of the Board of
Agriculture and the Secretary for Scotland for the main features of their programme of work for each year,
should be empowered to carry through all details without reference at every point to Edinburgh or London.
(Paragraphs 440-445.)
(3) We recommend that the Outer Islands Board should have borrowing powers up to a sum to be
named by Parliament sufficient to grant assistance on a scale of not more than £60 per house for the
provision of between 4000 and 6000 hoiises ; and that for a period of ten years a yearly grant, known as the
Outer Islands Grant, should also be provided for the formation of roads, water-supplies, and other essential
conditions of satisfactory housing. (Paragraph 446.)
(4) We lay great stress on the renewal of the insanitary and congested housing in the islands being
completed within a period of ten years. Within this period the Board should carry out its work in the
stages which we have described in Paragraphs 450-453, which may be summarised as follows : —
First phase — Flying survey of Mie housing of the islands.
Second phase — Detailed survey, including, inter alia, township planning, the provisional
apportionment of loans to difierent townships, the selection of cottar and squatter families to be
migrated or to be granted regular tenure. (Cf. Paragraph 455.)
Third phase — Selections of townships and submission of scheme.
Fourth phase — Administration of loans and supply of building material in bulk.
(5) We recommend that loans should be for a short term of years and should be free of interest, as
the repayment will form a sufficient tax on the resources of the crofter ; and that, although loans should
be granted to individuals, the support and eiiort of the township should be enhsted by making later loans
to any township conditional on the punctual repayment of the earUer. (Paragraphs 457-458.)
(6) We suggest that the proposed Board should at an early stage come to an understanding with the
various Local Authorities, by obtainmg their consent to plans for access roads and water ; since, while
these improvements will be actually carried out by the proposed Board with national funds, they will
ultimately come under the control of the Local Authorities, forming a valuable asset to them. (Para-
graphs 459-460.)
(7) That the interest of the estates in the question of rating should be kept in view ; and that, in £he
special case of the Lewis estate, an arrangement should be made by Government to compensate the pro-
prietor for the additional burden of rates which will be thrown upon the estate by the regularisation of the
occupancy of a certain proportion of the cottars and squatters against whose unauthorised presence on
the land, with the consequent additional burden on the rates to which they contribute nothing, the estate
has always protested. (Paragraphs 461-446.)
CHAPTER X.
. VARIOUS DISSENTS AND RECOMMENDATIONS.
(A) Reservation on Mining. (Majority Report, Chapter XIV.)
466. We find that we must dissent from two of the recommendations suggested by our colleagues
in coimection with Mining, Chapter XIV.
(a) From recommendation (7), because we consider that the value of the houses attached to any given
colliery, when compared with the total financial interests involved, is insufficient to support a claim for
a compulsory renewal of a colliery lease. We understand that, as a rule, the mineral owner and coal
owner agree as to terms for a renewal of the lease, and in any case we consider such a recommendation
as that proposed by our colleagues is outwith the scope of our remit. We think that the difficulty as
regards houses is sufficiently met by recommendations (8) and (9), but should there be any dispute as
to the value of the houses at the end of a lease, that question should be referred to an arbiter appointed
by mutual agi'eement, or in case of difference by the Sheriff of the County, and that his decision should
be binding on royalty owner and coal owner aUke.
448 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
467. (b) Also from recommendation (12). In regard to the question of compensation for damage
through subsidence, we dissent from the proposal to alter the provisions of existing feu-charters. We
think such action would confer a benefit upon the feuar which he is not entitled to expect. He made
his bargain with all the circumstances before him, and in most cases it mxist be assumed that he knew of
the existence of minerals, and the likelihood of their being worked. To take the course suggested would
give him an important advantage which he neither counted upon nor paid for in his feuing rate. We
consider that it is inequitable to alter on one side only bargains already made, and if such con-
tracts are to be overruled by the Legislature in the manner proposed by our colleagues, tlie superiors
should necessarily have the right to revise the whole feuing conditions, as their liabilities under the feu-
charters would be very materially altered. We do not think that sufficient grounds have been advanced
upon which to base the necessity for such legal interference, and the alteration on contracts entered
into in good faith. The principle of sanctity of contract ought, in our opinion, to be fully maintained.
As regards feus to be given off in the future, we are prepared to agree with the recommendations
of our colleagues as to payment to the feuars of cost of repairing damages to property by subsidence
to be fixed in the maimer they suggest. As to the eiiect of any alteration in the existing law on mineral
tenants, it must be pointed out that not only can no increased obligation be thrown upon them imder
existing leases, but any question as to tl)e burden of repairing damage being put on mineral lessees must
be entirely a matter of arrangement between landlord and tenant in entering into a new lease.
(B) Seasonal Trades. (Majority Report, Chapter XVII.)
(1) Potato-Diggers.
468. We consider that the obligation placed upon the farmer who grows early potatoes (Majority
Report, Paragi-aph 1284) " to provide a certain amount of accommodation for potato-diggers on liis
'farm " should be read subject to the qualification that in some cases sufficient and suitable accommoda-
tion may be found at a distance, or workers may be drawn from a village or town. In this case the
farmer's duty would rather be to provide suitable means of transit, as has been done in certain large
farms in East Lothian {cf. Reid, 334U). W^e also think that, where additional accommodation is demanded
during the currency of a farm lease by a Local Authority under the new powers proposed to be granted,
some definite ratio should be indicated by which the arbiter appointed by the Board of Agriculture
should determine the share of the expense to be borne by proprietor and farmer respectively. In order
to distribute the burden, we suggest that the farmer should pay interest for the remainder of his lease
on half the cost of the improvement, at the rate fixed for the time being by the Commissioners for Fixing
the Rate of Interest on Landed Estates in Scotland ; unless the extended cultivation of potatoes formed
a new development, not contemplated at the beginning of the tenancy, in which case the farmer should
pay interest on the whole outlay.
(2) Berry-Pickers.
469. In recommendation No. (11) our colleagues place the same obligations for the provision of
temporary housing upon the fruit-farmer as upon the potato-farmer. In this case we question the
possibility of enforcing the provision of housing owing to the uncertainty in the time and duration of
the berry-picking season and the less fully organised nature of the work. At the same time we are of
opinion that better organisation should be steadily aimed at, and that the provision of good housing,
which would attract the better type of worker, is essential to this end. Thus farmers who are prepared
to make this provision, instead of depending on chance or vagrant labour, should receive definite encourage-
ment ; and one way in which this could be afforded is indicated by the witness quoted in the Majority
Report, Paragraphs 1319-1321. We accordingly recommend that, where housing for berry-pickers is
provided to the satisfaction of Local Authorities, they should grant the occupier providing the buildings
the five-eighths remission of rates usual in the case of agricultural buildings, or, alternatively, should levy
rates only for the portion of the year during which the huts or dwellings are in actual occupation.
(C) The House Letting (Scotland) Act, 1911.
470. We desire at this point to call attention to certain difficulties placed in the way of the manage-
ment of small houses in the towns by the House Letting Act of 1911 ; and it seems necessary to give a
brief accoimt of the origin and objects of this Act.
471. In November 1906, a Departmental Committee was appointed by the Secretary for Scotland,
to inquire into alleged grievances in connection with the letting of working men's dwellings in Scotland.
After inquiry and investigation these grievances grouped themselves round three headings : —
(1) " The Scottish system of letting by missives for yearly tacks " ; that is, the practice of letting
all but the poorest class of working men's dwelling-houses for a whole year to working men whose occupa-
tion frequently requires them to shift their residences throughout the year, as compared with the weekly
or monthly lets of similar houses to similar tenantls in England.
(2) The practice of calling on the occupants of working men's dwellings to contract for such yearly
houses four months before the date of entry.
(3) The demand made on working men to pa'y their rates, both municipal and parochial, in one sum,
in winter when work is scarcest, and when household expenses are highest.
472. The Committee dealt with all these points, and in December 1911 the " House Letting
' and Rating (Scotland) Act " was passed which gave effect, with some few modifications, to their
recommendations.
473. The effect of the House Letting (Scotland) Act, 1911, stated briefly, is to introduce a system
of short lets in the case of small dwelling-houses, and to make the owners of such houses liable for the
payment for the occupiers' share of local rates. The Act is limited to certain burghs and special districts,
and " small dwelling-houses " are defined as those under £10, £15, and £21, of yearly rental and value
REPORT. 449
according to the size of the burgh or special district in which situated. Lets, except where for a shorter
period than one month, are terminable on the 28th of the month. Notice of termination of let must be
within certain specified period according to length of let.
474. Owners are responsible for occupiers' rates for the whole year, subject to recovery of the
proportion thereof applicable to any period during which the house is unlet or no rent is recovered, and
in respect of the payment of these rates the owner (or factor) is entitled to commission.
475. Several important opinions were given in the evidence as to the effect of the Act. First, there
was a complaint of a rise in rent, for it was maintained that the additional rent charged did more than cover
the tenant's rates, and in many cases left a balance on the side of the landlord {cf. Keith, 1445 ; Ruther-
ford, 16,626 ; Ralston, 16,706 ; Robertson, 17,647 ; Menzies, 20,636 ; PefEers, .34,548). The largest rise
which was notified was at Greenock, where 25 per cent, was said to be ample to cover the occupiers'
rates, but that the rents had been advanced by 32J per cent. In this case, however, it is difficult to
put the entire responsibility of the rise on the House Letting Act, as it was admitted that it was at least
partially due to the great scarcity of houses. (Campbell, 33,031.) Ex-Provost Keith, however, speaks
generally of the immediate effect of the Act as having been " an increase of rents equal to, and in some
' cases exceeding the sum of occupiers' rates formerly levied separately upon occupiers. " The ultimate
' effect of the Act," he continues, " must be to aggravate the problem how to find cheap houses for the
' poor when the landlord has to pay rates in respect of the occupancy of such houses." (1249 (36).)
476. For the house-owner and factor it must be said that although 2| per cent, commission is allowed
to them for the collection of the rates, a very large amotmt of extra clerking work is required. Mr
Menzies, speaking of the collection of rents in the mimicipal houses in Glasgow, said : —
The House Letting Act, I think, has thrown an additional burden upon the owner of house
property, in that it makes him responsible for all the tenants' rates up to £21. Then he is not only
responsible, but after paying the rates, if a house becomes vacant in the course of the year he has to
make three applications to the mimicipal department for reimbursement of the tenants' rates,
and he has to make another application to the Parochial Authorities for the tenants' rates. (20,635.)
477. To this must be added the increased cost of repairs, for there is sufficient evidence to prove
that the tendency of the Act is toward more frequent changes, thus allowing the people to move more
freely in connection with their work. It is true that in Greenock the labour representatives said that
this had not been the case, but the present conditions of house scarcity there have been so abnormal
that the popular desire is not for change, but for security of tenure in any house of whatever condition
of habitabillty. Hence it is natural that the Act is dishked in Greenock, where its operation has been
coincident with a rise in rent. Speaking for Dundee, Mr Sibbald, house factor there, said he thought
he had fewer rather than more changes since the Act, but there is a good deal of evidence on the other side
from other places and from men of varied experience. {Cf. Eraser, 38,099.) For example, an Edinburgh
architect says that by this "short-let system the tenants change so often, and every change of tenant
' means a cleaning and painting of the house." (A. L. CampbeU, 19,743 ; cf. Barlas, 36,804 ; Fraser,
38,099.) This matter of increased cost of repair due to constant changes is emphasised by the same
witness, who puts the increase of upkeep charges as from 10 per cent, to 15 or 20 per cent. These properties,
he continues, more especially when occupied by changing tenants, deteriorate very much more rapidly
than others. " There is continually something going wrong." (Campbell, 19,744 ; also Fraser, 38,098.)
478. Several witnesses spoke of the advantage to house-owners of the shorter lets and the improved
machinery for getting rid of bad tenants. (Sibbald, 35,991 ; Barlas, 36,803.) The gain to the mimici-
paUty in the very much improved collection of rates was also referred to. (Motion, 20,707 ; Eadie,
22,655.) A somewhat unexpected result of the Act has followed upon this in that people are moving
to cheaper and inferior houses. " They do not understand about rates, they simply find that rent
' has gone up and they are looking for cheaper houses." (Motion, 20,702.) Several witnesses drew
attention to this confusion and difficulty in the mind of the tenants. The evidence of the Town Clerk of
Hawick was very strong on this point : " The new House Letting and Rating Act has been a consider-
' able nuisance in the town . . . owing to the confusion the people get into as to what they are paying
' for rent and what they are paying for rates." (17,459 ; cf. also Alexander, 34,906 (11, d) ; Rutherfurd,
22,237.) Baihe Peffers, of Forfar, remarked that the system of paying rates with rent " gives the tenant
' practically no interest in the rates. It has lessened the interest of the tenants in municipal affairs.
' Up to two years ago we never had a pubhc body elected without competition for the places, and
' now in the last two years, in both the School Board and the Town Council, we have had a walk over."
(34,555.)
479. As regards short lets, there is no doubt that the habit of the respectable working classes in
Scotland used to be to take a yearly house and pay the rent quarterly or half-yearly, and that that
custom stiU continues in large districts of the country. Amongst the poorer population, however, in towns
the system of short lets has been found advantageous, as the householders get weekly or fortnightly wages
and calculate their expenditure for that period. If the rent is not collected at short intervals there is
difficulty when the income is small in laying the necessary portion of it aside, and consequently increased
difficulty in producing the rent in a slump sum at longer intervals. {Cf. Rutherfurd, 22,235 f . ; Kelso,
38,062 ; Ross, 38,996 ff.)
Appeals Under the Act.
480. Under the Act, tenants who wish to obtain exemption from payment of the rates on the ground
of poverty must appeal at once, in the beginning of the financial year ; for the Parish rates in June or
July, and for the Burgh rates in the first week of each quarter. The procedure in regard to appeals
from Parish rates is as follows : — An advertisement is inserted in the daily newspapers by the Parish
Council informing possible apphcants that their petitions must be lodged at the beginning of the assessable
year, say the months of June and July. This means in practice that the Parish Council have the oppor-
timity of considering these appeals before the usual demand note is issued. Accordingly, if the petition
is granted there is no charge whatever levied upon the tenant or rather upon the landlord who is hable
29
i66 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
for the payment of the tenant's rates, but instead a notice to the effect that that particular tenant has
been relieved is sent both to the landlord and the tenant. If the landlord prior to the receipt of that
notice has charged Poor and School Rates along with rent, that particular tenant has to be refunded
what he has paid. For the Burgh Rates in each case of appeal on the ground of poverty a schedule
has to be filled up which is then considered by the collector himself, who decides whether any of the cases
are suitable to be granted relief either in whole or in part. These recommendations are formally sub-
mitted to a committee who approve them en bloc. The amount of exemption is then notified both to
landlord and tenant, and the former has to collect the money from the city chamberlain (to whom he
gives a receipt), and then to repay the amount to the tenant.
481. For " voids " and arrears of rent the procedure is more comphcated, as the return to be filled
in is very elaborate. The headings of this return are appended. Thus the Burgh Rates have to be
paid in fuU in the first instance, but appeals are allowed on the ground of poverty, with further appeals
for subjects unlet and for arrears of rent not collected. But when arrears, for which abatement of taxes
has been allowed, have been collected either in whole or in part, notification has again to be made
to the rating authority so that the amount recovered can then be taxed. The whole method is cumber-
some and entails much additional book-keeping both on rate collectors and on factors of dwellings let
at small weekly rents, and we consider that some simpler method of compounding ought to be adopted.
The following is an example of the Headings of Schedules I. and II., on which appeals have to be made —
I. Headings of Schedule on which to Appeal For Unlet and Arrears.
Identification of house in Assessment Roll.
Reference number of official receipt.
Name of " occupier " in Owner's Return to assessor. If vacant at Whitsunday 1915, state so.
Situation of premises.
A. Period during which houses were unlet. From. To.
B. Period for which tenants' rents are in arrear for year to 15th May 1916 at date of making this
claim. Name of occupier. From ... To . . .
Assessable yearly rental. Period of claim.
Burgh assessments. Occupier. At Is. lid. per £. Owner. At lOd. per £.
Water rates. Occupier. At. lOd. per £. Owner. At Id. per £, or lid. per £ when rents under
£10 or under.
II. Schedule of Adjustment with Owners or Factors in connection with Claims] Lodged
AND Paid, under Section 7, Subsection 3, of the House Letting and Rating (Scotland)
Act, 1911.
Identification of house in Assessment Roll.
Reference number. Name of occupier as per claim. Name of owner in Assessment Roll.
Situation of premises.
Assessable annual rental.
Period for which claim made and allowed by collector. From ... To . . .
Period for which arrears for 1914-15 recovered since claim for repayment was lodged. From . . .
To . . .
Number of days in respect of which burgh assessment and water rates are reclaimed by collector.
Amount to be repaid by owners or factors. Burgh assessments. Occupiers. Water rates.
Occupier.
482. In speaking of this question of appeals, ex-Provost Keith of Hamilton points to some of the
difficulties raised by the Act, the principal one being that the occupier who is claiming reUef from the
rates on the ground of poverty or inability to pay has no direct deaUng with the rating authority. He
argued that strictly speaking the occupier of a small dwelhng-house is not rated at all. The owner only is
rated and his remedy is to increase the rent. The provision in the Act continuing a right of relief has,
he says, " been used in some burghs as the warrant for the issue of a certificate of relief to an occupier,
' which can be presented to the owner as part payment of rent, and subsequently used by the latter as
' cash in squaring accounts with the assessing authority." The same witness maintained that this is
not warranted by the provisions of the Act, which cannot be construed as giving a right of rehef to an
owner able to pay, with whom only the assessing authority is entitled to deal, and who only is rated in
respect of a small dwelling-house. (Keith, 1249 (36).)
483. Of the three criticisms brought against the House-Letting Act, one — that it has increased the
expense of repairs by encouraging frequent removals — probably points to an inevitable drawback of a
measure on the whole beneficial. This difficulty can only be met, as we suggest elsewhere, by a rise in
the standard of house care and by the enforcement of penalties for wilful destruction of property. But
the other two difficulties are due to defects in the operation of the Act. They are (1) that it produces
confusion in the minds of tenants between the rent which they pay to the landlord and their share of
the general burdens of the community which they pay in occupier's rates ; and (2) that the method of
securing the refunding of rates is almost inconceivably laborious and cumbrous in proportion to the
sums involved, and that it constitutes one of the minor, but very genuine and irritating, sources of trouble
and expense which have helped to discredit house' property as an investment.
Suggested Amendments of the Act.
484. There is one proposal for the circumventing of these difficulties which is both simple and
thorough— the abohtion of " compounding " and the return to the direct payment of rates by the
occupier. But this would be strongly opposed by the larger Local Authorities, whose staffs would need
to be greatly increased if rates had to be collected directly under the present system of weekly and
monthly lets ; and even with increased staffs the leakage of rates would probably be serious. We think,
however, that the same object can be secured by less drastic changes in the system estabished in 1911.
REPORT. 451
We suggest (1) that every notice of rent due should contain a separate column showing the proportiota
of the total payment which is attributable to rates, so that in the event of any increase the tenant may
at once see if it represents an increase of rent by the landlord or is caused by an increased expenditure
on pubUc services. It may possibly be objected that some owners might attempt to secure a lower
valuation by attributing to rates too large a proportion of the total amount charged ; but it would be
very easy for the valuation officials to check the proportion assigned to rates when the valuation is being
revised for the year, as they would have the particulars of burgh and parish rates for the previous year
before them. Our proposal would also show that the tenant is the real payer of occupiers' rates, although
he may obtain rehef on the ground of poverty, and that the point of view suggested by ex-Provost Keith
that his responsibihties have been transferred to the landlord is due to a forced interpretation of the Act.
485. (2) Our second recommendation is that, instead of the system by which the factor has to make
for every house not continuously occupied three or four separate applications to the Municipal and
Parochial Authorities for repayment of tenants rates ; and to specify separately every week during which
the house has been vacan1>— a system which seems expressly devised to waste the time both of officials
and factors, — a standard rate of deduction should be fixed by each Local Authority every year, based
on the number of vacant dwellings in the burgh as a whole or in certain representative portions of it,
at a specified date or dates during the previous year. The overhead figure thus given would only be
approximate, but the only property owners likely to sufier in the long rim by the imposition of such an
overhead standard rate of deduction would be those whose property was unpopular for some more or
less valid reason. If they or others failed to receive the full amount of rebate to which they are at present
entitled, they woiild feel more than compensated for any slight loss by the saving of their clerlffl' time
through the simpUfication of their accounts. If necessary, a distinction could be drawn between dwellings
below £10 rental and those from £10 to £21, and a different rate fixed for each. Whether or not
the suggestion is given effect to in this precise form, we contend strongly for the establishment of some
simple and automatic standard of deduction for vacant dwellings in place of the present system.
(D) Limitation of Bthldikg Loans. (Majority Report, Chapter XXVIII.)
486. From this point onward we follow the order of topics in the chapters in which the Majority
develop their constructive pohcy (Chapters XXVIII. to XXXIII.). As we have stated our own views
fully on the principal points at issue in Chapters IV. and VI of our Report, we confine our further state-
ment to definite specific proposals or arguments in the Majority Report from which we find it necessary
to dissent, including one or two matters of some importance not yet treated.
487. In Paragraph 1917 the Majority recommend that the income limit of those who are eligible
to occupy dwellings built with the assistance of cheap loans from Government should be placed at £200,
with poWer to the Central Authority to raise this limit further. We regard the suggested sum as quite
too high. We do not consider that the State should assist in the housing of the less well-off professional
or commercial classes, or of retired persons with small fixed incomes, many thousands of whom would
be comprised in this definition. We bear in mind that it is the intention of the Majority that by far
the larger part of the money advanced by Government would be expended by Local Authorities ; and we
cannot agree that the ratepayers should be called upon to bear the financial risk, or that the officials
of Local Authorities should give their time to the designing and managing, of houses to accommodate
persons of small independent means, or even professional men who have not yet established their position.
We think that the case would be met by extending the definition of " working classes " used by the
Public Works Loan Board so as to include persons other than those specified, whose income does not
exceed £3 per week.
488. In the same paragraph our colleagues make the further suggestion " that the Public Works
' Loan Board, on the advice of the Local Government Board, should have power to advance monies
' to pubhc authorities for houses to be provided for persons whose incomes exceed that amount," i.e.
the income limit for the time. This represents a still further extension of the sphere of municipal building,
and one of undefined magnitude. The object is "to enable a properly planned housing scheme to be
carried through," and to prevent the imdue separation of houses for different classes. This is an object
with which we are in the fullest agreement, but we cannot see that the method of attaining it proposed
by the Majority is appropriate or necessary. Local Authorities now possess ample powers imder the
town-planning clauses of the Act of 1909 to regulate the development of new suburbs and to arrange for
the grouping of houses of various sizes sxii table for occupiers of different Incomes. Further, we agree with
the Majority in recommending that they should receive extended powers for the purchase of building land
on favourable opportimities occurring, and for the development of such land in the interests of the com-
munity as a whole. We consider that along these two lines of action an adjustment of the housing needs
of different classes can be fully provided for, and the concentration of houses of the same type in separate
areas can be avoided, without the Local Authority itself undertaking the provision of large villas or
mansions. {Cf. Paragraph 131 above.) A properly planned housing scheme does not necessarily
denote one carried through from start to finish by municipal enterprise.
(E) Housing Policy. (Majority Report, Chapter XXIX.)
489. This important chapter of the Majority Report covers the ground which we have already
traversed in sections (C), (D), and (E) of our sixth chapter ; and there are only two points on which we
think it necessary to comment further. (1) We consider that the proposal (Paragraph 1943) that the special
grant for new housing should be " funded or earmarked, and that the difference between the house
' rentals and the total outgoings should be made up to the Local Authorities each year " contains an
element of danger as not tending to encourage strict economy. It would be only on the completion
of the valuation, recommended by the Majority at the end of seven years, that the financial commit-
ments of the Government in connection with housing schemes would become apparent. " The difference
' between the cost of the houses and the ascertained value " would then be made good out of national funds.
462 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
But an important factor — probably the chief factor- — determining the latter would be the rents obtained
for the houses, and there would be an undoubted inducement in the interval to reduce these to meet
the wishes of tenants, since the whole loss would, at the end of seven years, fall on the national exchequer.
We gravely doubt whether the power assigned by the Majority to the Central Authority for the over-
sight and approval of rents charged by Local Authorities would prove at all adequate to meet this in-
evitable tendency. Our own recommendation (Paragraphs 344 f£. above) appears to us to avoid the double
danger of giving a large cash grant at the outset, and of accumulating an obligation of indeterminate
amount which the Government will have to meet after a period of years ; and we consider that it would
hold out a greater inducement to economy on the part both of Local Authorities and other recipients
of loans than the proposal of our colleagues.
490. (2) The elaborate argument advanced by the Majority in criticism ot our proposals in Chapter
VI. above depends largely, in our judgment, upon their identification of " private enterprise " with the
special methods of the " speculative builder " (we use the term not in a derogatory sense, but as repre-
senting a certain well-understood method of building finance). The speculative builder has been
accustomed in many cases to work with small capital, and has trusted to disposing rapidly of the houses
which he built before proceeding to further operations. In certain cases he has secured his profit by
the imposition of a ground annual ; but, as we have made clear in Chapter II., Paragraphs 99-101, this
is a method of finance which we consider socially inexpedient, and which would be brought to an end
by the limitation of building density, even if there were no other obstacles in its way. But we cannot
admit that all private enterprise is tied to this particular method of the rapid turnover of a small initial
capital. There are the other forms of non-municipal building which we enumerated at the opening of
Chapter VI. In the case of miners and rural workers (the special subjects of our remit), the employer
and landowner have been accustomed to provide a very large part of the necessary housing. There
are also the copartnership movement, and the various methods of securing occupying ownership. We
believe also that, while in the cities the speculative builder as defined above has produced a large pro-
portion of existing houses, in many of the smaller centres — and to some extent doubtless in the cities
also — the builder has worked to the order of a bona fide investor who has built a small group of houses,
frequently with the intention of occupying one of them himself.
49L Thus, while we are not unaware of the difficulties of financing every form of building which
will occur after the war, we take at once a wider and more hopeful view of the future of private enterprise
than that of the Majority. We also think that they have failed to recognise the probability that con-
ditions will gradually become more normal even during the period of Reconstruction, and that certain
of the chief handicaps at present preventing private enterprise will grow less pronounced. We do not
contemplate that the conditions at the conclusion of peace will necessarily remain the same for many
years thereafter ; and we contend that " private enterprise " in the wider sense may step by step advance,
even though the old forms of speculative building do not revive.
(F) Administrative Reforms. (Majority Report, Chapters XXX., XXXI.)
(1) Standard of Accommodalion.
492. We are in general agreement with the recommendations of the Majority in the opening paragraphs
of Chapter XXX., that the new houses to be built in the Reconstruction period should, as a rule, consist
of three rooms with suitable conveniences, since we consider that there is a marked deficiency of houses
of this standard in many parts of Scotland ; and also with their suggestions regarding a standard of
habitability. As regards the former point, we have already expressed our views of the one-room house
in Paragraphs 280-283 above ; but in regard to houses of two apartments (Majority Report, Paragraph
1999), a word of explanation seems necessary.
493. We recognise that there are far too many two-room houses in all the large centres of popula-
tion, and for use by families we wish to see them gradually superseded ; but we also consider that the
recommendations for the more rigid control of overcrowding advanced by the Majority in Chapter XII.,
and the proposed raising of the standard of cubic space, will, if they are strictly carried out, bring about
a revolutionary change. Thus we cannot see that it is necessary to multiply regulations and restrictions
by forbidding the erection of two-room houses in all save exceptional circumstances. It appears certain
that for some time to come there will be a strong demand for a proportion of two-room dwellings in
newly developed villages or industrial centres ; and we suggest that the end in view will be attained
if, in addition to the powers regarding overcrowding recommended in the Majority Report, Chapter XII.
(c/. Paragraph 289 above), Local Authorities are empowered to limit the proportion of two-room houses
in any group of dwellings proposed to be erected.
(2) Powers of Central Authority.
494. We consider that more than one proposal in this chapter (XXX.) illustrates our contention
that the Majority's poMcy is one of over-centralisation, and that too extensive powers are assigned to
the Central Authority. This appears to be the case in regard to the compulsory adoption of water
schemes over districts large enough to include thc-areas of several Local Authorities. We approve of
the principle of a national water survey, with a view to the avoidance of waste and overlapping in
future ; and we have no doubt that it will be followed by various joint-schemes, such as the Loch Bradan
scheme in Ayrshire, in which several burghs and one, or more than one, county district will co-operate.
But we do not think that such co-operation can be forced on an unwilling Local Authority, imless by a
special Act of Parhament, since the matter is at once much larger and more complex than the provision
of a joint hospital — ^the precedent cited by the Majority. We think that the powers of the Local Govern-
ment Board in this matter should be hmited to requiring the Local Authorities affected to enter into a
conference. If the scheme presented were equitable and generally advantageous, it would presumably
command general assent ; while a Local Authority which had proved obstructive in such a conference
REPORT. 453
would have great difficulty in obtaining the consent of Parliament to any scheme which it might after-
wards bring forward on its own accoimt.
495. The Majority also propose that a sum of money should be set aside to assist Local Authorities
in the task of slum clearance. We have grave doubts both as to the necessity and the wisdom of this
proposal. If the modifications of the procedure in the assessment of compensation mider Parts I. and II.
of the Principal Act, which we concur in recommending, are carried into effect, the cost of slum clear-
ances will be very considerably diminished. Indeed, with a freer and more drastic use of Closing Orders,
it will largely disappear. In any case we cannot concur in recommending that such grants should be
apportioned at the vmfettered discretion of the Central Authority.
(3) Control of Tenement Property.
496. Chapter XXXI. of the Majority Report deals with the complex and difficult subject of the
control, or in extreme cases the demohtion, of dwellings in tenement property. We agree with the first
recommendation made, in the case of a tenement which is entirely the property of one owner ; and we
also agree generally with recommendations (2) and (3), which provide machinery for terminating divided
ownership in cases where one owner is willing to place his houses in a habitable condition, but the other
owners are unable or unwilling to do so. But we consider that, in the case provided for by the second
recommendation, the proposed machinery is imworkable, since it provides that, when such habitable
and uninhabitable houses hf.ve, for structural reasons, to be demolished together, the owner or owners
of the former should receive compensation for the value of their property from the owner or owners of
the latter. But in the case supposed the owner of the uninhabitabl; house has had his property com-
pulsorily closed without compensation. From what source, then, will he obtain the sum necessary to
compensate the owner of the habitable portion of the tenement ? He may indeed have other sources
of income — though this is in the last degree micertain — but qua house-owner in this particular tenement,
his capital and revenue have vanished together. We thus consider that in this case the Local Authority
should compensate the owner of the habitable dwellings, and that it will frequently be able to recover
a large part of the sum paid in the form of " betterment " from the owners of the surrounding
properties.
497. We cannot accept recommendation number (4), as we consider that in many cases the restric-
tions on the number of dwelhngs entering from a single stair which are rightly enforced in the case of
new tenements, are incapable of immediate application to old tenement buildings. We are fully aware
of the urgency of the matter ; but we consider that the Majority are needlessly dupUcating machinery
for deahng with a single problem, and that the powers suggested in Chapter VIII. of their Report
(with which we are in agreement) for the reconstruction of old tenement property on a proper plan
approved by the Local Authority will result in its steady and progressive solution.
(G) Question of Housing Appeals. (Majority Report, Chapter XXXII.)
498. We feel it necessary to dissent at several points from the recommendations of the Majority
regarding appeals on various questions arising out of the administration of the Housing Acts. We
contend that as far as possible a line should be drawn between administrative and judicial work, and that
the functions of the Central Authority for Housmg — the Local Government Board for Scotland — should
be confined to the former. For this there are various strong reasons. It is one of the fundamental
principles of the constitution that the ordinary administration of the law should be kept distinct from
its interpretation in cases of dispute. Not only the private citizen, but Departments of State and even
the Crown itself, have to defend their actions when challenged in the Courts of Law ; and it is one of
the essential rights of the private citizen that he has this appeal to an impartial authority against any
administrative action which he may hold to be illegal.
499. It is a further point of importance that appeals, whether to the Sheriff or the Court of Session,
are dealt with in public. The arguments on both sides are stated in open court, and not only has the
unsuccessful party an opportunity of knowing in detail on what grounds the case is decided, but any
important decision which might form a precedent for the future is reported, and becomes available to
inform the pubUc as to the exact state of the law. The Majority lay considerable stress on the appar-
ently inconsistent interpretations of the Public Health Acts adopted by different Sheriffs (Majority
Report, Paragraph 2103) ; but while we do not overlook these, we wish to point out that similar incon-
sistencies may arise between the opinions of officials even of the same department.
500. Thus we are strongly of opinion that, wherever the interpretation of the law is the chief point
in dispute, it is both in the pubhc interest and in that of the individual citizen or Local Authority or
other body whose interests are affected, that the appeal should be dealt with in the courts of law and
that the judicial function should be separated as clearly as possible from the administrative. The Majority
apparently take the view that, since certain judicial or quasi-judicial duties have already been assigned
to the Local Government Board, the distinction for which we contend may safely be abandoned altogether.
But we cannot assent to this view. Indeed we consider that the maintenance of this distinction becomes
more rather than less important with the assignment of new and increased powers both to Local
and Central Authorities.
501. We further differ from the Majority in so far as they minimise the importance of the argument
used by the legal member of the Local Government Board that the relations of co-operation between
the Local and Central Authorities would be endangered if the Board were called on frequently to pro-
nounce in a judicial capacity upon the actions of the former. (Macpherson, 201, quoted in the Majority
Report.) Where drastic action was necessary, Mr Macpherson expressed his preference for an appeal
to the Court of Session. The same principle, appUed on a smaller scale, is defended by the Medical
Officer of Health for Renfrewshire, who stated that the Local Authority in that area was accustomed
to proceed against insanitary houses under the PubUc Health Act, since they preferred to bring their case
before the Sheriff and secure a pronouncement from him, rather than issue a Closing Order themselves.
Dr Campbell Munro also stated that in every case which he had taken up in Renfrewshire the Local
454 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Authority had been successful. (Campbell Munro, 37,371, 37,381.) We are fully aware that the experi-
ence of certain other Local Authorities has been less fortunate ; but we think it worth while to point
out that more than one of the cases which have caused the greatest difficulty and on which the Majority
lay the greatest emphasis have arisen in populous districts, which are really burghal in character, but in
which the Local Authority has been obliged to proceed under the sanitary provisions of the Pubhc
Health Act, which are admittedly inadequate for congested areas.
502. We admit the difficulty of drawing an absolutely clear distinction between the different types
of appeal. On the one side of the line are the appeals which chiefly turti on matters of fact, such as the
sanitary condition of a particular house, which can be more speedily and uniformly determined by an
official of the Local Government Board than by a Sheri£E or Judge who in default of personal experience
is dependent on the evidence of expert witnesses. Contrasted with these are appeals in which the chief
point at issue is one of the interpretation of the law, or the competence of a certain course of adminis-
trative action, and these we hold to be proper subjects for debate in open court and for a decision by
a legal authority. Consequently, while the Majority recommend that appeals on all the chief questions
arising or hkely to arise out of the Housing Acts should be concentrated in the hands of the Local Govern-
ment Board, we submit the following division of appeals into two distinct classes.
503. (1) Appeals involving matters of fact or of routine administrative action which, we agree,
can safely be assigned to the Local Government Board : —
(a) Appeals aga,inst decisions of Local Authorities ordering the closing or demolition of
houses and appeals under Parts I. and II. of the Principal Act.
(b) AppUcations and appeals connected with the control of common lodging-houses and
farmed-out houses.
(c) Appeals regarding the formation of special water, drainage, scavenging, and hghting
districts.
(2) Appeals which we consider should be taken to the Sheriff : —
(a) Those regarding the competence of new bye-laws proposed to be enacted ; or of require-
ments regarding the erection of new houses or buildings under such byelaws.
(b) Appeals against the requirements of Local Authorities for the provision of increased
sanitary accommodation.
(c) Appeals against proceedings of Local Authorities for the removal of nuisances under the
Public Health Act.
(d) Appeals against requirements of Local Authorities for the improvement and mainten-
ance of private street and footpaths.
(3) There remain two classes of appeal mentioned by our colleagues, of which those relating to the
compulsory acquisition of land for pubhc health and housing purposes should, in our view, be decided
by a special land tribunal (see Chapter II., Paragraph 144 ff. above) ; and apphcations to have Local
Authorities required to carry out statutory duties, which, on the grounds stated, should, we consider,
lie to the Court of Session.
504. We feel a certain hesitation in expressing an opinion on the recommendations of the Majority
regarding the point at which an appeal by way of " stated case " should be competent. This is one of
a large class of technical legal matters which, we hold, should be dealt with in a general revision and
codification of the Housing Acts. Regarding this important] task we have two recommendations to
make :—
(1) That a careful survey of the whole field should first be undertaken by a special small conomisson
of experts in Housing Law.
(2) That a main object to be kept in view is that the Acts apphcable to Scotland should be as far
as possible freed from the present hampering and confusing dependence on Enghsh law and precedent.
(H) Water-Supply and Sanitation in Landward Districts.
505. A large portion of Chapter XXXII. of the Majority Report on Administrative Improvements
deals with powers relating to the introduction of water and sanitary appliances into houses in landward
areas. We fully recognise that in the improvements of farm-servants' housing the question of water-
supply is one of great importance, since many of the existing houses have been placed with little regard
for distance from the nearest source of supply. In some parts of Scotland water is never introduced
into cot-houses ; and it seems clear that the Public Health Act (section 125) does not give adequate powers
for this end, even where there is an adequate supply. In consequence of the neglect of this matter in
the past, water has often to be carried 150 yards, while in certain extreme cases the distance is as much
as 400 yards. This constitutes a genuine hardship, and one of the Medical Inspectors of the Local Govern-
ment Board said that he had found a close connection between the amount of water used for domestic
purposes and the nearness of the supply. (Dewar, 764 (43-7), 1085 f . ; C. M. Douglas, 2729 ; M'Connachie,
14,301 (6) ; A. H. Hamilton, 36,166, cf. Roberton, 40,915.) Thus it seems clear that the sites of all
new cottages should be largely determined by the possibihty of securing an adequate water-supply close
at hand, by well or pump if gravitation water cannot be obtained.
506. The case of old houses is less simple. If-a water-main passes near, and water is not introduced
into the dwellings, it is inevitable that a sense of hardship should arise. (Ogilvie, 35,083.) It would,
on the other hand, be unwise to minimise the difficulties in some parts of the coimtry of finding water
in sufficient quantity and at levels which will permit of its ready distribution. We concur in the recom-
mendation of our colleagues that a survey of watersheds and catchment areas should be made, so as to
prevent wasteful and competing schemes by different Local Authorities ; but, while the problem may
in certain districts be solved along these lines, there are others where the cost appears to be almost
prohibitive. In a new scheme described by the Sanitary Inspector of Kirkcudbrightshire, the estimated
rate amounted to 28. in the £ ; while in certain districts in East Lothian, where the estimated expenditure
has been greatly exceeded, water-rates have gone up to 3s. and even 5s. in the £. (G. Reid, 3314 ff. ;
REPOET. 466
Wintrup, 13,325 ff. ; Logan, 30,341 f. ; Elder, 30,451 fE.) It should also be borne in mind that these
rates in special districts form a burden over and above the ordinary coxmty rates.
507. Witnesses in other districts spoke of the great obstacles interposed by the conformation of
the ground and other natural characteristics. (M'Harrie, 28,341 ; Christie, 28,855 (9) ; A. Grant, 29,024 ;
M'Caig, 30,544 ; Fenwick, 31,703 ; Duff, 31,797 fE. ; Paxton, 32,790 fi.) Further, the introduction of
water has in many instances proved a most expensive matter for proprietors. On one farm in Forfar-
shire, rented at £640, the introduction of water for farmhouse and cottages cost over £2000 ; while in the
case of two small schemes for the supply of four and seven crofts respectively on an Aberdeenshire estate,
the amount expended equalled about four years rental. (Cobban, 29,142 ; Swan, 31,492 Q. ; cf. Logan,
30,341.) We think that these cases may be taken as representative of the expenditure necessary
where water must be brought to a farm or farm-cottages from some distance away. On the other hand,
we do not attach great importance to the objection that the actual introduction of water from a main
just outside the house to a sink within the house involves the provision of a simple drainage system.
(Roberton, 40,920.) For, as some provision must in any case be made for the removal of slop water,
even if it is only a gully grating at the corner of the cottage, the extra expense of providing for the removal
of water from the sink would not be serious. We also consider that, outside special water districts,
where there is a private supply belonging to the owner of the cottage and passing within 100 yards of
it, the Local Authority should have power to require the introduction of water within the house.
508. It will thus be seen that the question is one of some complexity, and we desire to emphasise
the principle which we consider ought to guide administrative requirements of this kind. It is that the
funds available for the improvement of housing in Scotland after the war should be applied in such a
way as to bring sufficient accommodation within the reach of the greatest possible number of families.
We consider that the greatest needs are that all existing inhabited houses should be made weather-tight,
and that serious structural defects should be remedied ; and also that in new houses the standard of
accommodation should be raised, so as to provide a sufficiency of houses with not less than three
apartments for the larger families. Improved sanitation is also an urgent need, and in the burghs much
has been done to supply it, as is shown in the Majority Report, Chapter IX. But in country districts
forms of sanitation which are rightly regarded as inadequate in the towns may meet the needs of the
inhabitants ; and without involving any real deprivation may enable dweUings to be provided and
maintained at a very much lower cost than if water, a water-closet, and possibly a bath were introduced
into every house.
509. Our colleagues recognise that in some cases difficulties of water-supply may form an insuperable
obstacle to the introduction of water. But, if we understand their position rightly, they would only
consider that a definite physical obstacle — such, for instance, as the impossibility of finding water at a
high enough level to be introduced by gravitation — should stand in the way of the introduction of water
or sanitation by water carriage. But we maintain that the element of cost must also be taken into
account. In the case of the more isolated cottages this may be so serious as to amount to a considerable
proportion of, or in extreme cases to several times, the value of the cottage itself. In such cases there
is a danger that a too drastic application in rural districts of requirements which are justified in burghs
may result in the closing and disuse of houses that are otherwise perfectly habitable. Thus, if the sanitary
standard is raised too rapidly and without sufficient regard to rural conditions, we fear that the unintended
result of this action may be further to reduce the number of dwellings available in the more sparsely
populated districts. As we have stated in Chapter VII., we consider that the distance from which
occupants of farm-cottages and other rural workers are situated from a water-supply is often excessive
and unjustifiable ; but, on the other hand, we hold that many such workers would prefer to carry water
a moderate distance rather than run the risk of losing their dwellings, but wherever a water-supply can
be put into a house at a reasonable cost it should be done, and if that cannot be done it should be as close
to the house as is possible at a reasonable cost. And we are convinced that the use of the powers pro-
posed to be given to Local Authorities in landward areas, if they were applied without regard to the
relative value of the cottage and of the improvements demanded, would often leave the proprietor no
option but to close the dwelling. ^
Length^of Notice Required.
510. A further difficulty in rural districts is that considerable unnecessary expense may be caused
unless different jobs of the same kind on the same estate can be grouped in such a way as to avoid bringing
tradesmen from a distance at frequent intervals. It is thus even more necessary than in populous
districts for work to be planned well in advance ; and we thus think that the proposal of the Majority
to extend to landward districts the provision of the Burgh Police Act that proprietors should only receive
a month's notice for the introduction of water is too drastic, although we should approve of the reduction
of the period required by the Public Health Act from a year to six months. We consider, however,
that in the case of water taken from a private supply, a year's notice is not excessive {cf. Paragraphs
272-607 above), as special arrangements might have to be made for the increase of storage reservoirs.
Introduction of Sanitary Appliances.
511. The Majority propose to strengthen the provisions of the Burgh Police Act, 1892, section 246,
so as to make the enforcement of the provision of a separate water-closet for every dwelling in burghs,
special drainage districts, and other districts where a drainage scheme is available obligatory on Local
Authorities, unless in exceptional cases. While we agree that the powers in special drainage districts
should be the same as in burghs, we consider that the clause should still remain an empowering one rather
than be made compiilsory. Keeping these various considerations in view, we hold that the powers
contained in the Burgh Police Act, section 246, should be extended to those rural areas which form water
and drainage districts. But it shoxild be kept in view in applying them that, in the case of isolated
houses, even within such areas, there may be difficulties of site and subsoil which may hinder the
construction of adequate drainage and cesspools. It is also a point of importance that a water-cloaet
456 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
can seldom be satisfactorily introduced within an old house, while those placed outside are very liable to
damage by frost. In such cases, if properly constructed and kept, a dry-closet is often preferable.
(C. M. Douglas, 2726 ; Oliver, Lyle, and Bartie, App. CLVI., 14, and cf. Paragraph 47 above.)
(J) Miscellaneous Recommendations.
(1) Introduction of Baths. (Majority Report, Paragraphs 2134-6.)
512. The observations made above regarding the need for a general and steady rise of standard,
rather than the provision of a few houses with the most complete and modern equipment, applies
particularly to the introduction of baths. If unlimited capital were available, we should heartily agree
to this proposal. But, while in Chapter VI. we have expressed our conviction that very large sums
must be forthcoming if the housing needs of the country are to be met after the war, we cannot agree
that questions of cost can be ruled out altogether. We do not think that the time has come for the pro-
vision of baths to be made compulsory. The type of bath which tenants feel most satisfactory, and
which our colleagues apparently recommend, is one with a high-pressure boiler and circulating system.
But this involves a heavy first cost, and charges for maintenance and repairs are apt to be heavy also,
unless tenants are particularly careful in their use of these conveniences, while in rural districts such
expenditure mounts up very rapidly (see Paragraph 47 above). The method adopted at Kirkconnel
oi placing the bath in the scullery might be adopted, with the washing boiler placed high enough to
allow the hot water to flow into the bath (see Majority Report, Paragraph 910). We have been struck
during the period of our inquiry with the rapidly growing demand in this respect ; and we are satisfied
that it is now strong enough to influence the providers of new dwellings, wherever the supply of water
and the position of the house warrant the additional expenditure involved in a separate bathroom and
high-pressure boiler, and where tenants are willing to pay an additional rent proportional to the cost.
Thus, we do not think that special powers need to be given in this respect.
(2) Application of Byelaws to Alterations. (Majority Report, Paragraph 2146.)
513. While we approve of the general idea of the Majority that Local Authorities should have powers
to regulate the reconstruction of existing houses as well as the building of new houses through appropriate
byelaws, we consider that byelaws regulating reconstruction would need to be very carefully drawn up,
and that standards appropriate in the case of new buildings could not in all instances be rigidly enforced.
E.g. in the case of a large apartment in an old dwelling under reconstruction, while it might be necessary
to raise the ceiling, it might be impossible to do so to the full height of the ordinary byelaw standard ;
or while an enlargement of the window might be called for, it would very probably prove impossible
without prohibitive expense to enlarge it to the extent of one-tenth of the floor area of the room. Thus
we hold thai such byelaws governing reconstruction should be confined to matter affecting structure,
sanitation, lighting, and ventilation, and that the discretion of Local Authorities and their officials in
applying them should be fully safeguarded.
(3) Byelaws Regarding Maintenance. (Majority Report, Paragraphs 2170 f.)
514. A similar qualification applies to the proposal that byelaws should be adopted and enforced
regarding the maintenance of houses, so as to secure the prompt repair of defects detrimental to the
comfort and well-being of the occupants, but not necessarily dangerous or injurious to health. If such
byelaws can be devised, we should approve of their adoption ; but they would make it more necessary
than ever for sanitary inspectors and other officials of the Local Authorities to consider the convenience
of proprietors, and to avoid forcing needless expenditure by recurrent complaints on small matters (see
Chapter V., Paragraph 272, and Paragraph 510 above).
(4) Control of Sites of Demolished Houses.
515. In the case of houses which have come ujider a Demolition Order, we consider that the Local
Authority should have power to acquire the property at its site value plu^ the, value— if any — of the
materials contained in the disused building. In that case the Local Authority would imdertake the
duty of keeping the site in a tidy condition, and we believe that such a method of procedure would
result in a very considerable public improvement in certain districts of our towns and cities, while it
would provide Local Authorities with a means of obtaining open spaces for small playgrounds or other
uses and at very moderate cost.
51 6. We prefer not to express an opinion on several of the recommendations made by the Majority
in this chapter, especially those on the discharge of trade effluents into sewers, the submission of plans
of bakehouses, milk-shops, etc., to Medical Ofiicers of Health, and the provision of means for carrying
away drip from bridges, as also the recommendation regarding the upkeep of public rights-of-way.
All of these subjects appear to us to lie somewhat outside even our extensive remit. Nor are we
satisfied that a case has been made out for bringing schemes by Local Authorities which may bear in
some degree on public health under the review of the Local Government Board in cases where the Local
Authority does not apply to the Public Works Loafi Commissioners- for a capital advance.
517. In so far as appeals arise out of the questions of sanitation, etc., just dealt with, these para-
graphs of our Report are to be read in conjunction with Paragraph 503 above.
(K) Revision op Administrative Areas. (Majority Report, Chapter XXXIII.)
518. We fully recognise the importance of securing a sufficiently large administrative imit to ensure
the efficient carrying out of the Housing Acts. We agree that many of the smaller Scottish burghs,
and also certain of the smaller and poorer coimties and county districts, have insufficient rateable
values to bear the burden of necessary improvements in sanitation and cognate matters, and that they
REPORT. 457
caniiot at present obtain the services of skilled full-time officials. Thus we consider that the principle
of combination which, as the Majority point out, has already been successfully applied in certain branches
of Public Health administration should be extended.
519. We feel it needful, however, to point out the different aspect which this question will assume
according as the Majority's policy or ours is eventually adopted. Thus, if the responsibihties of Local
Authorities for the actual provision (as distinct from the administrative control) of houses are to be
greatly extended so as to cover a large proportion of the housing of the working classes, and even of
persons with moderate fixed incomes (Majority Report, Paragraph 1917), serious conflicts of interest
may not improbably arise in the composite areas suggested. The case is difEerent from that of an
infectious diseases hospital, where the combination of areas promotes efSciency and economy with no
corresponding drawback ; but there could hardly fail to be difficutlies in rating (e.g.) a purely agricultural
area for the improvement of insanitary housing or the provision of new houses in small burghal com-
munities engaged in industry or fishing which might have been merged in the same County District.
520. But for the proper execution of the policy which we recommend, in which the efforts of Local
Authorities will as far as possible be conserved for the task of administration and control, and for work
preparatory to the actual provision of houses, we consider that a considerable enlargement of the smaller
adininistrative areas is necessary. Hence we consider that, in the case of areas of under 20,000 popula-
tion, the power of requiring combination for Public Health and Housing purposes should be granted
to the Local Government Board, but that larger areas should not be merged without the authority of
Parliament.
Rkcommendations to Chapter X.
Damage Through Svbsidence.
(1) We do not recommend any change in the law as regards existing feu-charters, in which the
superior is relieved from the obligation to compensate for damage caused by subsidence consequent on
mining operations ; but we agree with the Majority that there should be an obligation on the superior
to compensate the feuar to the extent which they suggest in the case of all future feus and building
leases. (Paragraph 467.)
Seasonal Trades.
(2) We recommend that, when a Local Authority calls upon a tenant-farmer during the currency of
his lease to provide additional accommodation on his farm for potato-diggers, under the powers which
we agree with the Majority in advocating, there should be an obligation upon the farmer to pay interest
for the remainder of his lease on half the capital outlay at the rate fixed for the time being by the Com-
missioners for Fixing the Rate of Interest on Landed Estates in Scotland ; unless the extended culti-
vation of potatoes forms a new development, not contemplated at the beginning of the tenancy, in
which case the farmer should pay interest on the whole outlay. (Paragraph 468.)
(3) We recommend that where housing for berry-pickers or similar seasonal workers is provided
to the satisfaction of Local Authorities, they should gi-ant the occupier providing the buildings the five-
eighths remission of rates usual in the case of agricultural buildings, or, alternatively, should levy rates
only for the portion of the year during which the huts or dwellings are in actual occupation. (Paragraph
469.)
House Letting Act, 1911.
(4) We recommend that, in all burghs in which the House Letting Act, 1911, is in force {a) every
notice of rent for dwellings coming within the scope of the Act should contain a separate column showing
the proportion of the total payment which is attributable to rates ; and (6) (to simplify the procedure
for obtaining the return of rates paid for houses which have been vacant for part of the period for which
the rates are levied), a standard rate or rates of deduction on account of empty houses should be fixed
annually by each Local Authority, based on the number of small dwellings vacant in the burgh during
the preceding year. (Paragraphs 484-5.)
Limitation of Building Loans.
(5) We recommend that the grant of loans imder the conditions specified in Chapter VI. of our
Report should be limited to dwellings occupied by members of the " working classes " as specified in
the definition at present employed by the Public Works Loan Board, except that the income Umit should
be raised from £2 to £3 per week. (Paragraph 487.)
Standard of New Houses.
(6) In addition to the powers for the regulation of one-room houses and for the control of the standard
of new houses already recommended (Paragraphs 288-9 above), we recommend that Local Authorities
should be specifically empowered to Umit the proportion of houses of two apartments in any new build-
ing scheme. (Paragraph 492.)
Powers of Central Authority.
(7) We consider that, in the combination of districts for the purpose of providing joint water
schemes for several Local Government areas, the Central Authority should have powers to require all
Authorities concerned to confer regarding the advisabihty of such joint schemes, but that, if agree-
ment is not reached voluntarily, the enforcement of such a scheme on a Local Authority objecting to it
is a matter for action by Parhament. (Paragraph 494.)
458 ROYAL COMMISSION ON HOUSING IN SCOTLAND.
Compensation in the Case of Jointly Owned Tenements.
(8) We recommend that, where the general condition of a tenement is such as to demand the
demohtion of the block ^s a whole, and where certain houses within it are habitable, or the owner is
prepared to render them habitable, the Local Authority, before issuing a Demolition Order, should
compensate the owner or owners of the latter on the basis of the present value of the houses, as
restricted by all legislation in force for the prevention of overcrowding and other forms of nuisance.
(Paragraph 496.)
Housing Appeals.
(9) We recommend that appeals arising out of the administration of the Housing Acts and the
PubUc Health and Burgh Police Acts, in so far as they affect housing, should be dealt with by the Court
of Session, the Sheriff, or the Local Government Board, according to the classification set forth in Para-
graph 503.
Revision of the Housing Acts.
(10) We consider that there are many technical points of law {e.g. that regarding the point at which
an appeal by way of " stated case " should be competent) which would be more suitably dealt with by
a small expert committee than in a Report such as the present ; and we recommend that such a Com-
mittee should be appointed at an early date to consider the whole question of the form of the Housing
Acts, with a A^ew to their complete revision and codification. (Paragraph 504.)
Water-Supply and Sanitation in Landward Districts.
(11) We recommend that, in exercising the powers which we agree should be conferred on all Local
Authorities for the approval of the sites of new houses, Local Authorities should make the existence of
a good and sufficient water-supply at or close to the house a primary consideration. (Paragraph 505.)
(12) We recommend that the power conferred by the Burgh Pohce Act, 1892, on Local Authorities
to require the introduction of water and water-closets into dwelhngs, should be extended to all areas
comprised in special water and drainage districts ; but we consider that the clause should remain an
empowering one rather than be made compulsory. (Paragraphs 507, 511.)
(13) We recommend that, outside such special districts, the Local Authority should have power
to require the introduction of water into any house situated within 100 yards of a water-supply or main
belonging to the owner of the house ; and in this case we consider that a year's notice may be given in order
to give an opportunity to make arrangements for any necessary increase of the supply ; but that in aU
other cases outside burghs the period of notice should be reduced to six months. (Paragraphs 507-510.)
(14) In other cases, outwith special water districts, not covered by recommendation (14), we con-
sider that the Local Authority should have power to require the introduction of water, provided that
this can be done at a reasonable cost, i.e. at a cost not disproportionate to the value of the house.
(Paragraph 509.)
Introduction of Baths.
(15) While we strongly recommend that the promoters of housing schemes in populous districts
where there is a clearly expressed demand for the provision of baths, should supply them, we do not
consider that this is a matter which calls at the present time for the granting of compulsory powers.
(Paragraph 512.)
Byelaws Regarding Alterations on and Maintenance of Existing Houses.
(16) We approve in general of the Majority's suggestion regarding the institution of byelaws to
control alterations in existing houses, and to provide for the adequate maintenance of existing houses ;
but we are of opinion that such byelaws would need to be very carefully framed and to provide for
sufficient latitude, especially in the reconstruction of old dwelhngs, so that the burden thrown upon the
proprietor may not be disproportionate to the benefit to the tenant. (Paragraphs 513-4.)
Control of Sites of Demolished Houses.
(17) We i-ecommend that Local Authorities should be granted powers to require the demohtion of
all compulsorily closed or ruinous properties ; and, faihng this, to acquire the building at its site value,
plus the value, if any, of the materials contained in the building, and should thereafter be empowered
to use the site as an open space or for any pubhc purpose. (Paragraph 515.)
Enlargement of Administrative Areas.
(18) We recommend that the Local Government Board should be empowered to require the com-
bination for pubhc health and housing purposes of administrative areas whose population at the time
is under 20,000 ; but that larger areas should only be combined with the express sanction of Parhament.
(Paragraphs 518-520.)
Note on the Suggested Abolition of the Standing Joint Committee in Counties.
521. The Majority, in Chapters IV. and XXXIII. of their Report, recommend that the above body
should now be abohshed. We do not consider that the evidence is sufficient to support this recommenda-
tion ; since the only witness who referred to the matter (the County Clerk of Lanarkshire) stated that,
while apparently an anomalous feature in Local Government, the Standing Joint Committee had in his
experience worked well in practice. (Munro, 27,688.)
REPORT.
469
Conclusion.
522. In bringing our Report to a close, we feel that it is needless to repeat the general statement
of OUT position which we gave in our opening paragraphs, and also in more detail in Chapter VI. of our
Report. But we wish to express once more our sense of the extent, the gravity, and the urgency of the
housing problem in Scotland, and our profound conviction that only a great national effort will prove
adequate to solve it. We believe that such an eflort may best be made along the lines of co-operation
between public and private enterprise which we have endeavoured to lay down.
We also desire, as the Majority have already done, to express our sense of great indebtedness to the
Secretary, the Assistant Secretary, and the clerical staff of the Commission for their zealous and un-
wearied labours in a task which has proved to be one of no small magnitude.
(Signed) LOVAT.
HELEN L. KERR.
G. F. BARBOUR.*
CHARLES CARLOW.t
llth September 1917.
* Subject to Reservation on p. 460.
t Ibid.
460 ROYAL COMMISSION^ ON HOUSING IN SCOTLAND.
si"
RESERVATION BY Mr G. F. BARBOUR.
On the question of compensation for damage through subsidence caused by mining operations, I
find myself in agreement with the argument of the Majority that such modified compensation as they
suggest should be extended to existing feuars, as well as to those who may feu land for building after
the passing of fresh legislation. It appears to me to be made out with sufficient clearness that many
of the former class did not in fact possess full freedom of action in accepting a form of contract in
which they renounced all right to compensation for damage through the lowering of the soil, since in
certain districts land for building could only be obtained on these terms. Consequently, I consider
that they are entitled to compensation to the extent of two-thirds of the actual cost of repairs.
(Signed) G. F. Barbour.
llth September 1917.
RESERVATION BY Mb CHARLES CARLOW.
I desire to make the reservation in connection with the recommendations as to housing in the
crofting districts, that as I was unable to accompany the Commissioners when they visited the Outer
Islands, and not having given the close attention to that subject which its importance demands, I am
not to be held as concurring in any of the views expressed thereon.
(Signed) Charles Carlow.
nth September 1917.
/-
Printed under the authority of His Majesty's Stationery Office
By Neiix & Co., Ltd., Edinburgh.
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